Labour Court Database __________________________________________________________________________________ File Number: CD87204 Case Number: LCR11200 Section / Act: S67 Parties: WATERFORD GAS CO. - and - ATGWU |
Claim on behalf of 22 workers for a wage increase and reduction in working time under the 26th wage round.
Recommendation:
7. The Court recommends that pending the outcome of discussions
on the future of the Company an increase of 5 per cent be applied
with effect from 1st January, 1987 until the end of 1987.
Signed on behalf of the Labour Court
John M. Horgan
-----------------
21st May, 1987
T O'M/U.S. Chairman
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87204 THE LABOUR COURT LCR11200
SECTION 67 INDUSTRIAL RELATOINS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11200
Parties: WATERFORD GAS COMPANY
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim on behalf of 22 workers for a wage increase and reduction
in working time under the 26th wage round.
Background:
2. The Company is a wholly owned subsidiary of New Dublin Gas
Company, which has been in receivership for over a year. This
claim concerns all of the Company's permanent workers. The present
rates of pay and grades of the Workers are in the Appendix to this
Recommendation. The 25th wage round terminated for these workers
on 31st March, 1986. On 26th April, 1986 the Union lodged a 26th
wage round claim for a 10% wage increase and a reduction of working
time in a twelve month agreement.
3. Negotiations between the parties on the claim did not commence
until September 1986. On 29th October, 1986 the Company rejected
the claim on the grounds of inability to pay. The Company refused
a request from the Union to allow its books be inspected by the
Irish Congress of Trade Unions Auditors.
4. No agreement was reached at local negotiations and on 28th
November, 1986 the matter was referred to the conciliation service
of the Labour Court. A conciliation conference was held on 5th
February, 1987 but no agreement was reached. On 16th March, 1987
the case was referred to the Court for investigation and
recommendation. A Labour Court hearing was held on 15th April,
1987 in Waterford.
Union's arguments:
5. (i) Concession of this claim will not dictate the future of
the Company nor will it be a deciding factor in relation
to the Company finalising its position on the
distribution of natural gas in Waterford.
(ii) The Waterford workforce is totally flexible,
multi-purpose and works without demarcation within
grades. For example a fitter specialies in three or
four different fields at a far lower rate than his
Dublin counterparts. This differential is #100 per week
in some cases.
(iii) The workers have been patient in awaiting the outcome of
a moderate claim for a 10% wage increase. This claim
was designed partly to redress the large difference
between Waterford and Dublin Gas. It was also based on
the low rates of pay in the Company and the fact that
Waterford City is one of the most expensive areas in the
Country to live in.
Company's arguments:
6. (a) The Company has been loss-making in recent years
(details supplied to the Court). These losses were
absorbed by Dublin Gas up to the appointment of a
Receiver on 11th April, 1986. The Company has received
no subvention from Dublin Gas since that date.
(b) Projections show that the Company will continue to be
loss-making. Any increase in costs will accelerate the
loss-making situation in the Company. It is essential
that cost increases should not be incurred in the
present situation.
(c) The Company cannot continue to operate in its present
form. Its future is uncertain and a decision as to
whether the Company is the proper vehicle for
distributing natural gas in Waterford is still awaited.
RECOMMENDATION:
7. The Court recommends that pending the outcome of discussions
on the future of the Company an increase of 5 per cent be applied
with effect from 1st January, 1987 until the end of 1987.
Signed on behalf of the Labour Court
John M. Horgan
-----------------
21st May, 1987
T O'M/U.S. Chairman