FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CELBRIDGE DISTRICT CREDIT UNION LIMITED - AND - UNITE THE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Trade Union recognition for collective bargaining purposes.
BACKGROUND:
2. Celbridge District Credit Union Limited is a small community-based organisation which was founded in 1988 and is run by volunteers and employees on behalf of its approximately 9,000 members. As the Union has recruited over 80% of the staff it is now seeking to engage in collective bargaining on behalf of its members. While the Board of Directors accepts that the staff have a right to join the Union it reserves their right to negotiate directly with its employees regarding industrial relations issues thus avoiding any engagement with the Union.
On the 19th July 2010 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 27th October, 2010.
The Board of Directors advised the Court by letter that they would not attend the Hearing but did enclose their written submission regarding the dispute out of courtesy to the Court.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The action of the Board is both unethical and contrary to natural justice in refusing their staff Union representation in grievance or in disciplinary cases.
BOARD'S ARGUMENTS:
4. 1. The interests of the membership would not be best served if the Board of Directors were to negotiate with a Trade Union rather than deal directly with staff members regarding conditions of work.
RECOMMENDATION:
The Court notes that the Employer declined to attend the hearing but did forward a written submission. That submission, together with the written and oral submissions of the Union, have been fully evaluated by the Court.
The Court recommends that the Company should recognise the Union for the purpose of collective bargaining. The parties should meet at an early date for the purpose of agreeing a framework within which normal industrial relations matters can be cooperatively dealt with.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd November, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.