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2002

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LCR17355

FULL RECOMMENDATION

CD/02/603
RECOMMENDATIONNO.LCR17355
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969



PARTIES :
FOODPAK IRELAND LIMITED

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Mr. Somers
SUBJECT:
1. Union recognition to negotiate on pay and employment conditions.


BACKGROUND:

2. The Company supplies packaging for food companies. The Company employs six staff one of which is an accountant. The Company has always negotiated directly with it's employees. The Company introduced a new grievance procedure and claim all staff have found it satisfactory.

In September, 2002, four of its six employees joined the Union. The union requested a meeting with management to discuss this issue. It was firstly agreed to but subsequently management declined. The Company has rejected the Union's representation of its employee's.

The matter was referred to the Labour Court on the 22th of October, 2002 under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th of December, 2002


UNION'S ARGUMENTS:

3. 1. The Union claim that there is a legal right for all workers to join a Union.

2. The Union claims that employees should be entitled to the same level of professional advice in relation to their employment rights as their employers.
  • 3. Employers have recognised the benefits of trade union representation in improving the business climate through being a party to National Wage Agreements.
COMPANY'S ARGUMENTS:

4. 1. The grievance procedure have been accepted by all staff as being satisfactory.

2. The working conditions are equal to, or better than similar companies in the same business.

3. The Company has met the terms under the Programme for Prosperity and Fairness (P.P.F.).

RECOMMENDATION:

Having regard to the level of trade Union membership within the company, the Court can see no valid reason as to why the Union should not be recognised for industrial relations purposes.

The Court recommends the Union be recognised and that the parties should negotiate a procedural agreement by which they will conduct normal industrial relations business including collective bargaining.



Signed on behalf of the Labour Court




December, 2002______________________
CMCM/MB.Kevin Duffy
Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Carmel McManus, Court Secretary.




 
 
 
 
 
 
 
 
 

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