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taking a case against a company to force them to recognise a trade union

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  • 19-12-2017 5:22pm
    #1
    tjc28
    Registered Users Posts: 294 ✭✭


    Hi,

    Can anyone tell me what is involved in taking a case against a company to force them to recognise a trade union. We have a majority of staff signed up to the union but the company refuses to engage so far. This step has been recommended by the union.


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    #2
    [Deleted User]
    Posts: 3,637 ✭✭✭ [Deleted User]


    tjc28 wrote: »
    Hi,

    Can anyone tell me what is involved in taking a case against a company to force them to recognise a trade union. We have a majority of staff signed up to the union but the company refuses to engage so far. This step has been recommended by the union.

    An employer has no legal obligation to recognise a trade union or your membership of one. They can’t and won’t stop you joining one, but don’t think for a minute that membership confers some special protections or privileges if your employer does not recognise the union. It does not. Be careful not to fall on the wrong side of this if you are instigating this.

    Unions are happy to collect dues and give dubious advice to their members, as evidenced by the advice that you ‘take a case’.


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    #3
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Quite a topical issue at the moment. If your union is so sure you can legally require an employer to recognise a union, one would presume they would have taken a legal case years ago against Ryanair.


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    #4
    jimmycrackcorm
    Registered Users Posts: 14,339 ✭✭✭✭jimmycrackcorm


    This news article sort of explains the background relative to the Ryanair scenario.

    TLDR, you can try the labour court and could be successful if your workers aren't being paid 100k and the company has nothing in place to allow for collective worker feedback such as town hall meetings, but your employer can lawyer up and he with the most money wins.

    Basically, legally unions don't have to be recognized. But the article also gives two other examples that either might be more comparable to your situation:
    Ashford castle where the pay rises were awarded as being out of line in comparison with the sector (domestic), and GE Healthcare, where T&C's were in line (presumably being a multi-national meant a more global sector).


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    #5
    tjc28
    Registered Users Posts: 294 ✭✭tjc28


    thanks for all the replies. It's something I need to discuss more with the union but struggling to get them on the phone this week. But again, thanks, food for thought


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