Labour Court Database
__________________________________________________________________________________
File Number: CD88774
Case Number: LCR12264
Section / Act: S20(1)
Parties: M. WIGODER LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION
|
Subject:
Claim for Union recognition and negotiating rights.
Recommendation:
4. The Court recommends that the Company recognise the Union and
open negotiations on all relevant issues without delay.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD88774 RECOMMENDATION NO. LCR12264
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: M. WIGODER LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim for Union recognition and negotiating rights.
BACKGROUND:
2. The Company is based at Ennis Shopping Centre, Co. Clare.
Since March, 1988 the Union has been endeavouring to obtain
recognition and negotiating rights on behalf of its members.
Various letters requesting a meeting were sent to Management of
the Company without response. The Company were unwilling to
discuss the matter at local level or at conciliation. The Union
referred the dispute to the Labour Court under Section 20(1) of
the Industrial Relations Act, 1969 and agreed to accept the
recommendation of the Court. A Court hearing took place in
Limerick on the 18th January, 1989. The Company declined to
attend the hearing.
UNION'S ARGUMENTS:
3. 1. The Union wrote to the Company in March and April, 1988
seeking a meeting to discuss the wages and conditions of its
members. The Company replied by letter on the 18th April,
1988 informing the Union that "all matters relating to staff
are negotiated through their own works committee, who have
been granted sole negotiating rights." The Company failed to
respond to further requests for local meetings or a
conciliation conference and refused to attend a Court hearing.
2. The Company is in breach of well established industrial
relations procedures by refusing to meet with the Union to
discuss various problems. All communications from the Union
have been sent to the Company in a responsible and rational
manner, continuing from 10th March, 1988 to December, 1988 but
the Company have failed to respond. For the Company to
continue with a policy of denial of the right to Union
representation is a breach of fundamental human rights. The
Company should meet with the Union to establish a procedural
agreement and to discuss the various problems as outlined in
the various correspondence sent to them.
RECOMMENDATION:
4. The Court recommends that the Company recognise the Union and
open negotiations on all relevant issues without delay.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
8th February, 1989 Deputy Chairman.
T.O'D./J.C.