A trade union representing most of the 76 retained fire-fighters employed by Waterford County Council has lost its challenge to a Labour Court recommendation that the council is not obliged to recognise it for negotiating purposes.
Four retained fire-fighters, the Psychiatric Nurses’ Association (PNA) and its branch, the Irish Fire and Emergency Services Association, sought a judicial review of the Labour Court’s March 2014 recommendation.
That recommendation was made after the PNA referred to the Labour Court its dispute with the council over its refusal to recognise it for negotiating purposes.
Mr Justice Séamus Noonan said it was clear, in exercising its jurisdiction under section 20.1 of the Act, that the Labour Court was not finally determining any issues of law or of fact.
This was amply illustrated by the fact that, had the Labour Court recommended that the PNA be recognised by the council, that would not bind the council.
In this case, the applicants were bound only by the Labour Court recommendation because they had undertaken in advance to accept the recommendation as a prerequisite to the Labour Court investigating the matter, he said.
