INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
IRISH BANK RESOLUTION CORPORATION LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
IRISH BANK OFFICIALS' ASSOCIATION
Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Ms Tanham
1. Union Recognition
2. This dispute, which arises in the context of the re-structuring and ultimate winding-down of IBRC (comprised of Anglo-Irish Bank and part of the Irish Nationwide Building Society), concerns the issue of union recognition for manager level staff. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 9th December, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd January, 2012.
3 1 The Union represents manager grades elsewhere in the banking sector.
2 All other grades in the Company have union recognition.
3 Denying the manager grade union recognition is unfair and unequal.
4 1 Union recognition at manager grade for collective bargaining purposes in the banking sector is not the norm.
2 The Company requires a clear separation between grades that enjoy collective representation and management for the orderly conduct of it business.
3. The Company operates a Consultative Forum at which all staff are represented.
In line with its previous consistent position on the question of the right of workers to trade union representation, the Court recommends that all staff members of the Corporation who wish to avail of representation by a trade union of which they are a member be facilitated in so doing in matters of difference with the employer within existing arrangements.
It is noted that collective bargaining does not currently take place within the employment in respect of the grades in issue in this claim and that there are no existing arrangements in place by which collective bargaining in relation to terms and conditions for those grades can be conducted. Should that position change in the future, and collective bargaining does take place for the grades in question, the Court recommends that the union be recognised as the representative of its members in such negotiations.
Signed on behalf of the Labour Court
26th January, 2012______________________
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.