UNITE Lynas Food Service
| Jurisdiction | UK Non-devolved |
| Judgment Date | 24 July 2018 |
| Court | Industrial Court (UK) |
| Judgement Number | IC75/18 |
Case Ref No: IC-75/2018
THE INDUSTRIAL COURT
THE TRADE UNION AND LABOUR RELATIONS (NORTHERN IRELAND)
ORDER 1995 (AS INSERTED BY ARTICLE 3 OF THE EMPLOYMENT
RELATIONS (NORTHERN IRELAND) ORDER 1999)
SCHEDULE 1A – COLLECTIVE BARGAINING: RECOGNITION
DECISION ON WHETHER TO ACCEPT THE APPLICATION
The Parties:
Unite the Union
And
Lynas Food Service
Background
1. The Industrial Court (the Court) received an application on 15th June 2018, for recognition
at Lynas Food Service, Loughanhill Road Industrial Estate, Gateside Road, Coleraine. The
proposed bargaining unit was described as ‘Drivers, Drivers Helpers, Shunters. Bargaining
groups excluded – Casual Helpers’ working for Lynas Food Service at their Coleraine site,
Loughanhill Industrial Estate, Gateside Road, Coleraine BT52 2NR. The application was
copied to the Employer on 15th June 2018. The Employer Response Form was issued to the
Employer on 18th June 2018 with a deadline of 21st June 2018.
Application Form
2. In its application, the Union stated that the total number of workers employed by the
Employer was unknown, the number of workers in the bargaining unit was 88 and the
number of Union Members in the bargaining unit was 45. The Union also produced a letter to
the Court from the Union to the Employer, making a formal request for recognition. The
Employer acknowledged receipt of this letter on 1st May 2018. This letter described the
proposed bargaining unit as ‘Drivers, Drivers Helpers, Shunters”. The proposed bargaining
groups excluded ‘Casual helpers’.
Employer Response to Union Application
3. The Employer Response was received on 21st June 2018. In its response the Employer
stated that the Union’s written request for recognition under Schedule 1A was received on 1st
May 2018. The Employer stated that the Union did not serve the Application Form on the
Employer or any supporting documents and that the bargaining unit had not been agreed prior
to receiving the Application Form. The Employer stated that it employs a total of 510
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