FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ABBVIE - AND - SIPTU MEMBERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. The right of the Union to represent its members.
BACKGROUND:
2. The case concerns a claim by the Union for the right to represent its members in the Company.
The employer was notified of the date and time of the hearing but did not attend and was not represented.
On the 12 April 2017 SIPTU 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 15 June 2017.
WORKER'S ARGUMENTS:
3. 1. The Union is seeking the right to represent its members individually in line with SI 146 of 2000 on all grievance and disciplinary matters.
2. The Union is seeking the right to represent its members collectively on pay and on all terms and conditions of employment.
RECOMMENDATION:
The employer was not, for stated reasons, represented before the Court.
The Trade Union seeks the right to represent their members in the General Operative grade collectively and individually in engagements and bargaining with the employer. The Trade Union asserted to the Court that the majority of general operatives in the employment are in membership of the Union.
The Court, in decision number DIR072, dealt with the issue of individual representation and the Court reminds the parties of that decision.
On the basis of the uncontested submission of the Trade Union the Court recommends that the parties put in place arrangements to provide for collective representation of its membership by the Trade Union in relation to all matters associated with terms and conditions of employment including pay. Those arrangements should complement and function appropriately alongside current arrangements in place as regards a forum for engagement in the company.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CR______________________
26 June, 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.