Labour Court Database __________________________________________________________________________________ File Number: CD86561 Case Number: LCR10790 Section / Act: S67 Parties: ARIGNA COLLIERIES LTD - and - ITGWU |
Claims for: (a) a wage increase under the 25th round and, (b) payment for the church holiday on 15th August, 1985. Claim (a) - wage increase under the 25th round
Recommendation:
Claim (a)
8. Having carefully considered the current financial state of the
Company, the Court recommends that an increase of 5% be applied
from 1st January, 1987, for a twelve month period and that a
payment of #100 be made to each worker at the time of the annual
shutdown in 1987.
Claim (b)
The Court recommends concession of the claim.
Signed on behalf of the Labour Court
John M. Horgan
_______________________
Chairman
11th March, 1987
D.M./J.C.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD86561 THE LABOUR COURT LCR10790
D852283 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10790
Parties: ARIGNA COLLIERIES LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claims for:
(a) a wage increase under the 25th round and,
(b) payment for the church holiday on 15th August, 1985.
Claim (a) - wage increase under the 25th round
Background:
2. Following the expiry of the 24th round agreement on 30th
September, 1985, the Union, on behalf of approximately 170
workers, claimed the following in respect of the 25th wage round:-
- 12% increase on basic pay and tonnage,
- 12 month agreement,
The Company responded by informing the Union that it was not in a
position to offer any increase in pay because of the serious
losses incurred. The matter was subsequently referred to the
conciliation service of the Labour Court. At a conciliation
conference held on 2nd July, 1986 (the earliest date suitable to
the parties), the Company made the following offer:-
- 7% increase for 12 months from 29th July, 1986.
- #10 per week to every employee who attended for work on
each of the eight weeks following the summer holidays.
This was rejected by the Union and the matter was referred on 2nd
July, 1986, to the Labour Court for investigation and
recommendation. A Court hearing took place in Sligo on 7th
October, 1986. Since the conciliation conference the Company has
increased basic and tonnage rates by 7.12% without the agreement
of the workforce.
Union's arguments:
3. (i) The Company imposed an increase of 7% on the wage
structure from 29th July, 1986, without the agreement
of workforce. This includes an 11 month pause which is
unacceptable. Under the 23rd and 24th wage rounds,
there were six and four month pauses respectively.
(ii) The workers have none of the every-day facilities that
are normal in industry. There is no canteen, no
washing facilities, no sick pay or pension schemes and
no protective clothing.
(iii) In the past the Company has argued that it has an
obligation to ensure that pay increases are not in
excess of those agreed for employees of the Company's
largest customer, the E.S.B. This can no longer be
accepted by the workers as being realistic or fair.
(iv) The Company has a commitment from the E.S.B. to
purchase "crow coal" for a period of 20 years from 1986
(details supplied).
Company's arguments:
4. (a) The Company has been suffering drops in production
(details supplied). Absenteeism both before and after
summer holidays is responsible for such decreases. The
Company is therefore suffering serious losses.
(b) The 7.12% increase implemented by the Company is
generous considering the financial losses.
(c) The price of the Company's coal has increased in recent
years due to wage increases. This has resulted in the
loss of over 50% of local sales. The very large drop
in oil and imported coal prices over the last few
months has left its coal very uncompetitive in the
market-place
(d) Any ill-considered action by the workforce could result
in the premature closure of the Company's mining
operations.
(e) There is no agreement with the E.S.B. regarding the
supply of "crow coal" for 20 years (details supplied).
Claim (b) - payment for 15th August, 1986.
Background:
5. The workers were on duty on the August bank holiday in return
for which they received a holiday on 15th August, 1985 (a church
holiday). The Company only paid holiday pay to those workers who
reported for up to two weeks after the summer holidays. The Union
argued that, under the terms of the Holidays (Employees) Act,
1973, all workers were entitled to holiday pay. The Company
rejected this argument. The matter was referred, through
conciliation, to the Court for investigation and recommendation.
Union's argument:
6. The terms of the Holidays (Employees) Act, 1973, are quite
clear on the qualification for holidays. The Company should
comply with these terms.
Company's argument:
7. Normally the summer holidays end somewhere between the 7th and
the 14th August and the three weeks paid holiday is included as
working days for computation of hours worked in the previous five
weeks to qualify for payment for the holiday in question. In
1985, the Company used this method to calculate payment for any
worker who returned to work in the week after the three week
holiday break but omitted payment to everybody else. In some
cases men who did not return for two or three months claimed this
payment. It should be noted that the men who failed to turn up to
work did not send in medical certs or did not inform the Company
that they were unable to work for any reason.
RECOMMENDATION:
Claim (a)
8. Having carefully considered the current financial state of the
Company, the Court recommends that an increase of 5% be applied
from 1st January, 1987, for a twelve month period and that a
payment of #100 be made to each worker at the time of the annual
shutdown in 1987.
Claim (b)
The Court recommends concession of the claim.
Signed on behalf of the Labour Court
John M. Horgan
_______________________
Chairman
11th March, 1987
D.M./J.C.