LCR16037

FULL RECOMMENDATION CD/98/441 RECOMMENDATIONNO.LCR16037 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : REMY IRELAND LIMITED - AND - SALES, MARKETING AND ADMINISTRATIVE UNION OF IRELAND DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr Rorke

SUBJECT:
1. Union recognition.





BACKGROUND:

2. The Company, which employs 18 people in Ireland, is a member of the Remy Martin Group. In May, 1998, the Union first wrote to the Company on behalf of 5 or 6 employees to request a meeting to discuss salaries and terms and conditions of employment. The Company refused to meet with the Union. The parties later attended a conciliation conference under the auspices of the Labour Relations Commission on the 7th of September, 1998. The Company stated that it would not recognise the Union, but would speak to employees on an individual basis. The conference was adjourned to allow the Company to consider its position. Management later met with individual employees and some salary adjustments were made.

In October, 1998, the Union submitted a claim for Union recognition 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.

The Court investigated the dispute on the 26th of November, 1998.



UNION'S ARGUMENTS:

3. 1. The workers concerned have a constitutional right to join a trade union.

2. The Company is in breach of established industrial relations procedures in refusing to negotiate with the Union.

3. The Union's members are dissatisfied with the outcome of the one to one discussions which took place. They want the Union to negotiate salary scales, pensions, and conditions of employment on their behalf.

4. The Labour Court has recommended in support of claims for union recognition in other similar cases.



COMPANY'S ARGUMENTS:

4. 1. The Company is a small company with only 18 employees in Ireland. If employees have a problem they can speak directly to the Managing Director.

2. Following the conference at the Labour Relations Commission and discussions with individual employees a number of staff received pay increases.

3. The Company sustained financial losses last year and the Company's future is uncertain. It would complicate the day to day running of the Company if the Union had to be consulted on every issue.




RECOMMENDATION:

The Court, having considered the submissions made by the parties, recommends that the Company recognise the Union's right to negotiate on behalf of the employees in its membership.



Signed on behalf of the Labour Court



Finbarr Flood
4th December, 1998______________________
D.G./D.T.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.