INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. The refusal by management to engage with the Union.
2. The case concerns the refusal by management to engage with the Union.
On the 26th June 2014, 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 5th August 2014. The Employer did not attend the hearing.
3. 1. In March 2014 management informed three field sales team members that they were to be made redundant. No consultation whatsoever had taken place between management and SIPTU on this issue which is totally against the norm as there was always consultation in previous years.
2. SIPTU wrote to management in April 2014 and when no response was received e-mailed to request a meeting. As no response was received to the e-mail the Union referred the matter to the Labour Relations Commission (LRC). Following a number of invitations from the LRC management responded saying that they intended to deal with the Workers directly.
3. For over 30 years, the Union have engaged on a continuous basis in the practice of collective bargaining pertaining to their members terms and conditions of employment.
The dispute referred to the Court by the Union under Section 20(1) of the Industrial Relations Act 1969 concerns “the refusal by management to engage with the Union”.
The Employer did not attend the hearing.
The Union stated to the Court that by custom and practice, it had developed a healthy working relationship with the Company over the past 30 years, and engaged with it as recently as May 2014. However, Management now refuses to engage with the Union.
In such circumstances the Court can see no reason why this relationship should not continue, particularly where there has been a history of stable industrial relations to the benefit of all.
The Union informed the Court that a substantial number of employees are members of the Union, across several grades including sales, administration and management.
Therefore, the Court recommends that Management should restore the working relationship with the Union and engage with it on issues pertaining to its member’s terms and conditions, as sought by the Union.
The Court so recommend.
Signed on behalf of the Labour Court
13th August, 2014.Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.