Labour Court Database __________________________________________________________________________________ File Number: CD87152 Case Number: LCR11122 Section / Act: S67 Parties: HALAL MEAT PACKERS - and - ITGWU |
Dispute concerning rates of pay for starters.
Recommendation:
5. The Court, is of the view that the Company are in breach of
the 1982 agreement and accordingly recommends concession of the
Union's claim.
The Court further recommends that any change in the agreement
should be by negotiation between the parties to the agreement.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD87152 THE LABOUR COURT LCR11122
CC861960 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11122
Parties: HALAL MEAT PACKERS LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning rates of pay for starters.
Background:
2. The Company which is located in Ballyhaunis is engaged in the
fresh meat processing business. It employs approximately 350
workers, many of whom are employed on a seasonal basis. In 1982
the Company and the Union entered into an agreement regarding the
terms and conditions of employment of the workers employed at
Ballyhaunis. One aspect of the agreement dealt with the rate of
pay for starters i.e. workers who commence employment with the
Company and who have no previous experience. These workers were
to be paid a basic rate of pay slightly less than the general
operative rate (details supplied to the Court) for a period of 6
months until their skills improved and they would then be put on
the appropriate rate. In practice, between 1982 and 1985 these
workers were paid the general operative rate (in 1986 this rate
was #117.14 a week). The Company introduced a rate of #100 a week
for starters who were taken on for the 1986 season. The Union
raised the matter with the Company and as no progress was possible
at local level the matter was referred to the conciliation service
of the Labour Court on 25th November, 1986. A conciliation
conference was held on 17th February, 1987 (a date suitable to
both parties). As the issue could not be resolved it was agreed
to refer the matter to the Labour Court for investigation and
recommendation. A Labour Court hearing was held in Castlebar on
1st April, 1987.
Union's arguments:
3. (a) The Company is clearly in breach of both a written
agreement and custom and practice. While there was a
difference in the rates of pay for starters and general
operatives when the agreement was made in 1982 the
difference would not be #17 a week. Allowing for
increases which have been granted over the years the
rate of pay for a starter would be #115.55 in 1986.
Company's arguments:
4. (i) The Company is entitled to specify the appropriate
start rate for workers. It has fixed that rate at
#100 and does not accept that this is either
unreasonable or in breach of the agreement. It
considers that such a rate reflects the usefulness of
workers during the phasing-in period.
(ii) It is the norm in the industry generally to
differentiate between workers with experience and those
with none. This difference is reflected in the rates
payable.
RECOMMENDATION:
5. The Court, is of the view that the Company are in breach of
the 1982 agreement and accordingly recommends concession of the
Union's claim.
The Court further recommends that any change in the agreement
should be by negotiation between the parties to the agreement.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
Deputy Chairman.
16th April, 1987.
M.D./J.C.