Labour Court Database __________________________________________________________________________________ File Number: CD86509 Case Number: LCR10775 Section / Act: S67 Parties: SNOWCREAM(DAIRYING) LTD. - and - IT&GWU |
Claims on behalf of 50 general workers, drivers and helpers under the 26th Wage Round.
Recommendation:
5. Having considered the submissions made by the parties the
Court recommends that the Company amend its offer on the 26th
Round increase to provide:
(a) An increase of 3.5% with effect from 1st January, 1986.
(b) A further increase of 2% with effect from 1st October,
1986, in respect of an Agreement to terminate 31st
March, 1987. The Court does not recommend concession in
respect of the further claims made by the Union.
~
Signed on behalf of the Labour Court
John O'Connell
___________________________
Deputy Chairman.
31st October, 1986.
M.D./J.C.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD86509 THE LABOUR COURT LCR10775
CC86770 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10775
Parties: SNOWCREAM LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claims on behalf of 50 general workers, drivers and helpers
under the 26th Wage Round.
Background:
2. On 24th January, 1986 the Union on behalf of the workers
concerned served a number of claims on the Company under the 26th
Wage Round. Some of these claims were settled at local level. No
agreement could be reached on the following:
(a) Basic increase of #25.
(b) Double time for all hours worked before normal starting
time.
(c) Meal Allowance of #6.
(d) Review of Pension Scheme.
On 8th April, 1986 after a number of meetings the Company put
forward its final position on the above claims. An increase of
3.5% from 1st January, 1986 a period of twelve months. All claims
served on the Company to be withdrawn with the exception of a
pending discussion on the pension scheme. This was rejected by
the Union and the matter was
referred to the conciliation service on 29th April, 1986. A
conciliation conference took place on 10th June, 1986. As no
agreement could be reached both sides agreed to refer the matter
to the Labour Court for investigation and recommendation. A
Labour Court hearing took place in Athlone on 23rd September,
1986, a date suitable to both parties.
Union's arguments:
3. (i) The Company continues to be financially sound and can
afford to pay a substantial increase to its employees.
It is a private limited Company which collects milk in
bulk, bottles and sells direct to the market or through
distributors. The Company has also been pursuing
ongoing rationalisation which with the co-operation of
the employees has enhanced productivity and efficiency
levels.
(ii) The wage rates in the Company continue to be out of line
with other dairies and co-operatives (details supplied
to the Court).
(iii)Double Time for all hours worked before normal starting
time 8 a.m.: This is a normal feature of nearly all
employments in the country. Plus rates are also paid in
this industry as well (details of examples of this were
supplied to the Court).
(iv) Meal Allowance of #6.00: It is common in many
employments to pay a meal allowance where employees are
away from base during their lunch hour. They are a
standard feature in some dairies (details supplied to
the Court).
Company's arguments:
4. (a) Basic Pay: The Company's sales have dropped by 8% over
the past year, and it is finding it difficult to compete
in a market against competitors who are offering special
incentives. Investment in machinery, plant and
buildings to update facilities is still been continued.
In making its offer, the Company took into account the
projected rate of inflation over next twelve months (3.50%
to 4.50%) and also its trading position. The Labour
Court, under the 25th wage round (L.C.R. 10018),
recommended as well as an increase in pay of 6% an
adjustment of 2% as the basic pay rate was out of line.
This has been paid.
(b) Double Time before 8 a.m.: It is part of the employees
contract of employment that they maybe required to vary
their starting time between 4 p.m. and 8 a.m. The
Company could not afford to pay double time for early
morning starts. If the claim was conceded the delivery
runs would have to be taken over by agents and the
present jobs terminated.
(c) Meal Allowance: The practice at the moment is that if a
driver is required to drive outside his normal run, he
is paid an allowance on the presentation of a receipt.
Drivers on fixed runs do not receive an allowance but
are not deducted for meal breaks they take. Also, if
they finish in less than 40 hours, they are still paid
for 40 hours.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court recommends that the Company amend its offer on the 26th
Round increase to provide:
(a) An increase of 3.5% with effect from 1st January, 1986.
(b) A further increase of 2% with effect from 1st October,
1986, in respect of an Agreement to terminate 31st
March, 1987. The Court does not recommend concession in
respect of the further claims made by the Union.
~
Signed on behalf of the Labour Court
John O'Connell
___________________________
Deputy Chairman.
31st October, 1986.
M.D./J.C.