Labour Court Database __________________________________________________________________________________ File Number: CD87184 Case Number: LCR11192 Section / Act: S67 Parties: IRISH BISCUITS LTD - and - ATGWU;FWUI;BAKERS UNION |
Claim on behalf of approximately 300 general workers concerning bonus payment differential.
Recommendation:
5. The Court, having considered the submissions made by the
parties, considers that management's offer is fair and should be
accepted by the trade union.
Division: Mr Fitzgerald Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87184 THE LABOUR COURT LCR11192
CC87170 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11192
PARTIES: IRISH BISCUITS LIMITED
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
FEDERATED WORKERS' UNION OF IRELAND
BAKERY AND FOOD WORKERS' AMALGAMATED UNION
Subject:
1. Claim on behalf of approximately 300 general workers
concerning bonus payment differential.
Background:
2. Prior to July, 1981, general workers and craft workers had a
bonus ratio of 25% of basic wage. At that time separate
consolidation arrangements were made following which the bonus
ratio stood at 12.8% of the basic wage for general workers and at
20% of the basic wage for craft workers. In separate negotiations
on the 25/26th wage round, agreement was reached with both general
operatives and craftsmen for pay increases of 13% for 26 months.
In the case of craftsmen the Company conceded that bonus would
apply to the first three hours of overtime worked. The Unions
representing general workers valued this at #2.70 per week and
sought payment of this amount to general workers to maintain the
differential which had existed. Following negotiations the
Company offered to apply bonus to the first three hours of
overtime worked by general operatives. This would amount to
#1.20. The Unions rejected this offer and the matter was referred
on 27th January, 1987 to the conciliation service of the Labour
Court. A conciliation conference took place on 7th March, 1987
but no agreement was reached and the matter was referred to a full
hearing of the Labour Court. The hearing took place on 3rd April,
1987.
Unions' arguments:
3. (i) The Unions consider that there is a need to maintain
similar wage agreements for all groups of workers to
avoid "leap frogging" claims.
(ii) The Company stated at conciliation that it would
maintain equity but it has failed to do so by awarding
more to the craft workers than to the general workers.
(iii) The Unions are seeking application of the amount of
#2.70 per week to their members in order to maintain
equity with craft workers in the Company.
Company's arguments:
4. (a) The Company does not accept that there has been a
breach of equity in the application of the 25th/26th
Pay Round terms but has nevertheless made a response to
the concern expressed with regard to bonus on overtime
arrangements.
(b) The unions have expressed the present claim in terms of
different monetary sums from time to time. The
adjustment which was made for craft workers was in
terms of a bonus structure which gives rise to variable
sums of money rather than a fixed weekly sum.
Concession of a fixed sum would have to be paid not
only to craftsmen but to all other employees in the
Company, regardless of whether they work overtime or
have a bonus structure.
(c) The adjustment to the bonus structure which was agreed
with craftsmen has been offered on an identical basis
to general workers i.e. bonus to be paid on up to three
hours of overtime per week which under existing
arrangements do not quality for bonus payments.
Differences in basic rates and in the bonus structure
would give rise to differing amounts being payable to
craft and general workers under such an arrangement.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, considers that management's offer is fair and should be
accepted by the trade union.
~
Signed on behalf of the Labour Court
22nd May, 1987 Nicholas Fitzgerald
A.K./P.W. Deputy Chairman