I propose to take Questions Nos. 54, 131 and 132 together.
A strike began at the Dublin plant of the company in question in March 1993 arising from the desire of a number of workers to be represented by SIPTU. The matter has been referred to the Labour Court by SIPTU in early 1991 under section 20 (1) of the Industrial Relations Act, 1969. The Court Recommendation, issued in June 1991, was that..."the company recognise SIPTU's right to negotiate with it on behalf of its members in the plant...". Labour Court Recommendations issued under section 20 (1) of the Industrial Relations Act, 1969, are not binding on employers and, in keeping with the voluntary nature of our industrial relations system, are not legally enforceable.
The company in this case did not accept the Labour Court Recommendation and has continued to negotiate solely with the Works Committee that represents the majority of its overall workforce. It should be noted that, while the Constitution guarantees freedom of association, this does not impose an obligation on employers to recognise trade unions for negotiating purposes.
Numerous efforts have been made to resolve the dispute, including efforts by the Conciliation Service of the Labour Relations Commission.
