Labour Court Database __________________________________________________________________________________ File Number: CD86986 Case Number: LCR11027 Section / Act: S67 Parties: MONMARA TEO - and - ITGWU |
Claims on behalf of approximately 24 workers under the 26th wage round for:- (i) an increase in pay (ii) an increase in shift premium (iii) an increase in clothing allowance and (iv) a paid break.
Recommendation:
5. The Court notes that the pension, deduction for lost time and
consolidation of rate for overtime elements of the claim have been
the subject of local discussions and agreement. With regard to
the remaining elements of the claim the Court recommends as
follows;-
Pay: 6% increase from 1st June, 1986, for 15 months.
Shift: The Court notes that the Company have agreed to
increase the day shift allowance to 20%. The Court
does not recommend concession of the Union's claim for
increase in night shift rate.
Breaks: The Court recommends further local discussions on the
outstanding aspect of this item.
Clothing: In view of the information given at the hearing in
relation to the provision of protective clothing the
Court does not recommend concession of the increase
sought.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86986 THE LABOUR COURT LCR11027
CC861655 INDUSTRIAL RELATIONS ACTS 1946 TO 1976
RECOMMENDATION NO. LCR11027
PARTIES: MONAMARA TEORANTA
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claims on behalf of approximately 24 workers under the 26th
wage round for:-
(i) an increase in pay
(ii) an increase in shift premium
(iii) an increase in clothing allowance and
(iv) a paid break.
Background:
2. The Company, which is Italian owned, is engaged in the
printing and dyeing of fabrics at its plant in Spiddal, Co.
Galway. The current rates of pay are #119.88 per week on
commencement and #127.64 per week job rate. Shift rate is
currently 16.6% (days), 20% (evenings) and 20% (nights). The
current clothing allowance is #20 per annum and a 30 minute paid
break exists. The 26th wage round fell due on 1st June, 1986. On
28th July, 1986, a claim was served by the Union for (i) a 12%
increase in pay over twelve months, (ii) an increase in shift
premium to 20% (days and evenings) and 25% (nights), (iii) an
increase in clothing allowance to #40 per annum and (iv) the
introduction of an additional paid 10 minute tea break. Other
items (pension deductions for lost time and consolidation of rate
for overtime) were also raised and were later resolved at local
level. A meeting took place between the Union and management on
12th September, 1986, and on 8th October. The Company offered a
3% increase in pay over 15 months, in one phase, from 1st June,
1986. No offer was made on the other claims listed above. No
agreement being reached, the matter was referred to the
conciliation service of the Labour Court on 9th October, 1986.
Conciliation conferences were held on 20th November, 1986, and 4th
December, 1986. The final offer by the Company was for a 5%
increase for twelve months from 1st June, 1986, and 20% for all
shifts. No offer was made on clothing allowance or the question
of breaks. The Union's final position was to reduce the pay claim
from 12% to 8% over twelve months from 1st June, 1986. The other
claims stood as stated above. The matter was referred to the
Labour Court on 15th December, 1986, and a Court hearing took
place on 28th January, 1987, in Galway.
Union's arguments:
3. (i) The Union considers that its pay claim is justified in
the light of the fact that existing rates do not
compare favourably with industry generally in the area
(details of local rates and 26th round settlements
were supplied to the Court). The offer made is less
than the national average which the Union estimates to
be approximately 6.2% over 13 months. The Union's
claim is slightly above this figure to compensate for
the fact that settlements in recent years have been
less than the inflation rate. The Company is trading
well and is in a position to concede the claim.
(ii) The Union considers that a higher shift premium should
exist for night shift than for day and evening shifts
and seeks its increase to 25%.
(iii) The clothing allowance of #20 is insufficient given
the current cost of clothing and the fact that regular
damage to clothing occurs due to the nature of the
work. An increase to #40 is sought.
(iv) A paid tea break of 10 minutes for all shifts is
sought. This is necessary since workers can spend up
to four and a half hours working without a break.
Company's arguments:
4. (a) The Company is in a difficult trading position. It
works to customer orders only and does not anticipate
the market as the fabric, once processed, is not
reworkable. Because of this it is difficult to
sustain a reasonable cash flow. The current offer
arises from this situation.
(b) The Company is not prepared to increase night shift
premium.
(c) The Company intends to discuss the question of the
provision of protective clothing for its employees.
(d) The Company is satisfied with a 30 minute break. It
is not prepared to concede an additional 10 minute
break. However, it is prepared to consider the
possibility of a 20 minute plus a 10 minute break,
although this may not suit the operation.
RECOMMENDATION:
5. The Court notes that the pension, deduction for lost time and
consolidation of rate for overtime elements of the claim have been
the subject of local discussions and agreement. With regard to
the remaining elements of the claim the Court recommends as
follows;-
Pay: 6% increase from 1st June, 1986, for 15 months.
Shift: The Court notes that the Company have agreed to
increase the day shift allowance to 20%. The Court
does not recommend concession of the Union's claim for
increase in night shift rate.
Breaks: The Court recommends further local discussions on the
outstanding aspect of this item.
Clothing: In view of the information given at the hearing in
relation to the provision of protective clothing the
Court does not recommend concession of the increase
sought.
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Signed on behalf of the Labour Court
27th February, 1987 Evelyn Owens
A.K./P.W . --------------
Deputy Chairman