Labour Court Database __________________________________________________________________________________ File Number: CD87140 Case Number: LCR11235 Section / Act: S67 Parties: RYARC OPTICAL SERVICES LTD - and - ITGWU |
Claims for an increase in pay under the 25th and 26th wage rounds.
Recommendation:
5. Having considered the submissions made and in light of the
information provided the Court does not at this stage consider it
possible to recommend an increase for the workers concerned. The
Court proposes to review the situation in the Company in September
of this year and in the light of the position then obtaining will
make a specific recommendation.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD87140 THE LABOUR COURT LCR11235
CC862026 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11235
PARTIES: RYARC OPTICAL SERVICE LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claims for an increase in pay under the 25th and 26th wage
rounds.
Background:
2. The Company which commenced operations in 1947 and currently
employs 13 workers is involved in the optical services business.
The 24th wage round expired expired on the 30th June, 1985. The
Union claimed increases of 8% and 7% in respect of the 25th and
26th wage rounds to be applied from the due dates (1st July, 1985
and 1st July, 1986). The Company rejected the claim and made no
offer. The matter was referred to the conciliation service of the
Labour Court on 8th December, 1986. A conciliation conference was
held on 17th February, 1987. As no agreement was possible, both
parties agreed to refer the matter to the Labour Court for
investigation and recommendation. A Labour Court hearing was held
in Castlebar on 11th March, 1987.
Union's arguments:
3. (a) During the last 2 years the workforce has been reduced
by 25% due to redundancy, one retirement and short-time
working. All the cut backs have been on the side of
the workers and there have been no cut backs in
management.
(b) The Union believe that the Company is being badly
managed and that the workers have made sacrifices
through accepting redundancy and short-time working and
now the Company expects them to go without a pay
increase.
(c) The current rate of pay is seriously out of line with
other rates in the area (details supplied to the
Court).
(d) The Union understands that a considerable amount of
money is owing to the Company in accounts and that
little or no effort is being made to collect this
money.
Company's arguments:
4. (i) Part of the Company's operation includes the
servicing of optician's prescriptions and indirectly
involves the health board. The implementation of
restrictions by the health board over the past number
of years has basically bankrupted this service.
(ii) The Company has incurred losses over the past number
of years plus the accumulation of debt (details
supplied to the Court). It is essential that costs
are curtailed, output increased, and outstanding
debts collected in order to rectify this situation.
Accordingly the Company must plead inability to pay
any of its costs including wages.
(iii) During the recession management has also suffered
financially. Individual managers have had to
guarantee bank loans for operating capital.
RECOMMENDATION:
5. Having considered the submissions made and in light of the
information provided the Court does not at this stage consider it
possible to recommend an increase for the workers concerned. The
Court proposes to review the situation in the Company in September
of this year and in the light of the position then obtaining will
make a specific recommendation.
~
Signed on behalf of the Labour Court.
John O'Connell
___________________
15th_June,____1987.
M. D. / M. F. Deputy Chairman.