FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ERRIGAL SEAFOODS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Trade Union recognition.
BACKGROUND:
2. The case concerns a dispute between the Company and the Union in relation to Trade Union recognition.The Union is seeking to enter into a process of negotiation in relation to the terms and conditions of employment of its members.Management's position is that there are long standing internal procedures in place within the Company dealing with terms and conditions of employment and rejects the Union's claim.
On the 26th July 2011, the Union referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 16th Feruary, 2012.
UNION'S ARGUMENTS:
3 1 There is a consultative committee in place in the Company but it is not a negotiating forum. In circumstances where the Union is representative of the workforce, management should enter into discussions for a procedural agreement on terms and conditions of employment.
COMPANY'S ARGUMENTS:
4 1 The Company already has long established procedures in place in relation to the terms and conditions of employment of its workforce.
2 The Company does not accept the need to recognise the Trade Union and enter into any discussions on terms and conditions of employment.
RECOMMENDATION:
Having regard to all the circumstances of this case the Court recommends that the Company should recognise the Union for collective bargaining and industrial relations purposes. The parties should enter into negotiations with a view to concluding a procedural agreement through which orderly industrial relations will be conducted.
Signed on behalf of the Labour Court
Kevin Duffy
23rd February, 2012.______________________
AH.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.