Labour Court Database
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File Number: CD94118
Case Number: LCR14423
Section / Act: S20(1)
Parties: LRC LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
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Subject:
Dispute concerning Union recognition.
Recommendation:
5. Having considered the submissions of the parties and the
verbal arguments made at the hearing, the Court notes that a
minority of the workers in the Company have joined the Union but
that a majority belong to an elected Works Committee. This
situation obtains despite the fact that the Union has had access
to the workers regarding the question of membership.
In the circumstances, the Court recommends that the Company afford
representation rights to the Union in relation to the individual
issues of its members but that general issues continue to be dealt
with as at present. This position should be reviewed if and when
the majority of workers opt for Union membership.
Division: Mr Heffernan Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94118 RECOMMENDATION NO. LCR14423
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: LRC LIMITED
(Represented by Management Support Services (Ireland) Limited)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning Union recognition.
BACKGROUND:
2. 1. L.R.C. Limited is a Company involved in the electrical
components industry and is located in the industrial estate in
Waterford. In 1993, the Union contacted the Company seeking
the right to represent a number of workers in the Company.
The Company rejected this request as they maintained that a
minority of staff were in the Union, while the majority
belonged to an elected Works Committee.
2. The Union referred the issue under Section 20(1) of the
Industrial Relations Act, 1969 to the Labour Court. The Court
investigated the matter on the 12th April, 1994 in Waterford.
UNION'S ARGUMENTS:
3. 1. The vast majority of the workforce has at one stage or
another indicated to the Union that they want union
membership. They have further indicated that the reason most
are not in membership is because they do not feel free to
exercise that choice.
2. The workforce of the Company came to the Union seeking
membership.
COMPANY'S ARGUMENTS:
4. 1. The Company agreed to the staffs' request for the
establishment of a Works Committee as a means of improving
dialogue.
2. The Company recognise the right under the Constitution
for any worker to join a Union and have not attempted to
hinder that right.
3. Only a minority of workers wish to be represented by the
Union while a majority are party to the Works Committee.
RECOMMENDATION:
5. Having considered the submissions of the parties and the
verbal arguments made at the hearing, the Court notes that a
minority of the workers in the Company have joined the Union but
that a majority belong to an elected Works Committee. This
situation obtains despite the fact that the Union has had access
to the workers regarding the question of membership.
In the circumstances, the Court recommends that the Company afford
representation rights to the Union in relation to the individual
issues of its members but that general issues continue to be dealt
with as at present. This position should be reviewed if and when
the majority of workers opt for Union membership.
~
Signed on behalf of the Labour Court
Kevin Heffernan
28th April, 1994 ----------------
P. O'C/U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Paul O'Connor, Court Secretary.