Unite the Union Evron Foods Ltd
| Jurisdiction | UK Non-devolved |
| Judgment Date | 22 August 2011 |
| Court | Industrial Court (UK) |
| Judgement Number | IC45/11 |
Case Ref No: IC-45/2011
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
Evron Foods Ltd
DECISION
Introduction
1. Unite the Union submitted an application to the Industrial Court (the Court), received on 7th
March 2011, for recognition at Evron Foods Limited, Carn Industrial Estate, Portadown, BT63
5WD. The bargaining unit description was “Despatch Operatives, Production Operatives, Team
Leaders, Store Persons” and the location was given as “Portadown Plant”. The Court gave both
parties notice of the application on 9th March 2011. The Employer submitted a response to the
Court on 16th March 2011.
2. In accordance with Article 92(A) of the Industrial Relations (Northern Ireland) Order 1992, the
Industrial Court Acting Chairman established a Panel of the Court to deal with the case. The
Court consisted of Mr Barry Fitzpatrick, Chairman, and, as Members, Mr Bob Gourley and Mr
George McGrath. The Case Manager appointed to support the Court was Mr Paul Cassidy.
Background
3. In the Union’s application it stated that the company employed a total of 225 workers and
added, “there have been recent redundancies but we are not aware of total paid off”. The
application also stated that the proposed bargaining unit comprised 116 workers, with 69 union
members in the bargaining unit. The Union added that, “85 workers in the bargaining unit have
signed a petition supporting recognition of Unite for collective bargaining purposes.”
4. In its response to the Union’s application the Employer stated that a total of 203 workers were
employed by it on 11 February 2011. The Employer did not agree with the Union’s proposed
bargaining unit, adding there were 127 workers employed in the proposed bargaining unit, and
that it excluded, “23 hourly paid employees who do not support recognition but are directly
affected by any decision made by the bargaining unit”.
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