Labour Court Database __________________________________________________________________________________ File Number: CD87856 Case Number: LCR11587 Section / Act: S67 Parties: - and - AMALGAMATED ENGINEERING UNION;ELECTRICAL TRADES UNION |
Claim for additional annual leave as part of the 27th wage round.
Recommendation:
5. In light of operational difficulties which would arise within
the Company having regard to the fact that the number of holidays
currently enjoyed are in line with those in industry generally,
the Court does not recommend concession of the Union's claim.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD87856 RECOMMENDATION NO. LCR11587
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: GYPSUM INDUSTRIES P.L.C.
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
AMALGAMATED ENGINEERING UNION
ELECTRICAL TRADES UNION
SUBJECT:
1. Claim for additional annual leave as part of the 27th wage
round.
BACKGROUND:
2. This claim concerns approximately forty one craftsmen employed
by the Company. The Unions served a claim for additional annual
leave as part of their general 27th wage round claim. No
agreement was reached on the general wage round through local
negotiations and on 23rd September, 1987 the matter was referred
to the conciliation service of the Labour Court. A conciliation
conference was held on 28th September, 1987. As a result of the
conciliation conference settlement proposals were put forward as
follows:-
(1) There will be a 12 month agreement.
(2) There will be a wage increase of 4% for two months
commencing at the end of the previous agreement.
(3) There will be a further increase of 1% for the
remaining 10 months of the agreement.
(4) There will be no cost increasing claims for the
duration of the agreement and there will be continued
co-operation with on-going change.
These proposals were accepted by another union which was involved
in the overall 27th wage round claim. However, the Unions here
concerned indicated their preference for converting part of the
wage increase into extra holidays. The Unions calculated that one
day's annual leave would equate to approximately .4% of a wage
increase. The Company did not find the Unions' preference
acceptable. On 16th November, 1987 the case was referred to the
Court for investigation and recommendation. A Labour Court
hearing was held on 18th November, 1987 in Dundalk.
UNIONS' ARGUMENTS:
3. 1. The Unions are not seeking to increase the amount of the
Company's offer but would prefer to convert part of the wage
increase into extra holidays. There are advantages to both
parties in commuting part of the wage increase to time off.
2. The whole emphasis of the Unions' overall 27th wage round
claim was on items other than a basic wage increase. The
workers would benefit more from increased annual leave than
from a straight forward wage increase. The Unions object to
the Company putting the emphasis only on basic rates of pay.
3. The present annual leave entitlement of 21 days is lower
than in E.E.C. countries generally.
4. The Programme for National Recovery accepts that there is
a need to reduce working hours.
COMPANY'S ARGUMENTS:
4. 1. The workers' annual leave entitlement compares favourably
with the general level of annual leave entitlement for
similar workers in other employments.
2. The Company has been particularly careful in avoiding any
adjustment in pay or conditions of employment which might
give rise to industrial relations difficulties at a later
date. In 1981 the Labour Court, in Recommendation No. 6519,
did not recommend concession of a claim by crafts workers
concerning an alleged loss of relativity with general
operatives. Subsequently the Court, in L.C.R. 7043,
recommended concession of a claim based on outside
relativities. In L.C.R. 7478 the Court did not recommend
concession of a claim by general operatives concerning an
alleged loss of relativity. This led to a dispute situation
which was resolved only after complex negotiations.
3. The Company does not favour any further increase in
annual leave, as in addition to industrial relations factors,
concession would also generate operational difficulties
(details supplied to the Court).
4. As a matter of principle the Company has tried to reach a
uniform agreement with all employees in respect of pay
rounds, this principle has applied from the 22nd to the 26th
wage rounds inclusive. In the circumstances the claim should
be rejected.
5. The last adjustment in annual leave was made only two
years ago in respect of the 24th wage round.
RECOMMENDATION:
5. In light of operational difficulties which would arise within
the Company having regard to the fact that the number of holidays
currently enjoyed are in line with those in industry generally,
the Court does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
15th December, 1987. Deputy Chairman
T.O'M/J.C.