Labour Court Database __________________________________________________________________________________ File Number: CD87748 Case Number: LCR11543 Section / Act: S67 Parties: RYAN BROTHERS - and - ITGWU |
Claim by the Union on behalf of approximately 25 workers under the 27th Wage Round for - (a) wage increase; (b) compensation for drivers who also collect money; and (c) differential for excavator drivers.
Recommendation:
6. The Court, having considered the submissions made by the
parties, recommends that the proposals emanating from the
Conciliation Conference of 15th September, 1987, (see Appendix) be
accepted, amended to provide for the termination of the Agreement
on 30th June, 1988, instead of 31st July, 1988.
Division: Mr Fitzgerald Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD87748 RECOMMENDATION NO. LCR11543
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: RYAN BROTHERS LIMITED
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of approximately 25 workers under
the 27th Wage Round for -
(a) wage increase;
(b) compensation for drivers who also collect money; and
(c) differential for excavator drivers.
BACKGROUND:
2. The Company is engaged in quarrying and the manufacture of
concrete blocks. The 26th Wage Round expired on 30th June, 1987,
and at a meeting on 17th July, 1987, the Union lodged the
following claim -
(a) 8% increase in rates effective from 1st July, 1987, for
12 months;
(b) compensation for block truck drivers who also collect
money from customers - 2% of monies collected; and
(c) the payment of a differential to excavator drivers who
are currently on the same rate as truck drivers.
3. On 20th July, 1987, the Company responded by letter, stating
that it could not afford to pay an increase but would be prepared
to review the position in September. It also sought agreement for
a reduction in overtime, that block truck drivers were already
adequately compensated and that certain named drivers would act as
relief drivers. As this position was unacceptable to the Union,
the matter was referred on 30th July, 1987, to the conciliation
service of the Labour Court. Conciliation conferences were held
on 9th, 10th and 15th September, 1987. At the final conciliation
conference on 15th September, 1987, the parties agreed to consider
a settlement proposal of 4% for a 13 month period and agreement
with the matters raised in the Company's letter of 20th July,
1987 (see Appendix). However, this proposal was rejected by the
Union and on 5th October, 1987, the issue was referred to the
Labour Court for investigation and recommendation. A Court
hearing took place on 4th November, 1987, in Limerick.
UNION'S ARGUMENTS:
4. 1. The Company has resisted the Union's claim on the grounds
that the recession in the Construction Industry and the
recent cutbacks by the Clare County Council on road
strengthening programmes have affected its business. The
Union rejects these arguments because short-time working has
been introduced over the last 2 years and the manner in which
it operates offsets any loss of business by way of savings in
the Company's payroll. Also staff reductions have increased
the productivity at the quarry.
2. Clare County Council has recently obtained an increase in
funding to continue the road strengthening programme. The
Union believes that the Company will benefit as a result.
3. Pay increases secured in the region have been higher than
the Company's offer. Indeed, the average 27th Wage Round
settlement at the end of September, 1987, was 5.4% for 13.3
months. The Union also points out that a similar company in
the region pays its employees a number of bonuses eg.
attendance bonus. The Company's staff do not enjoy any of
these concessions.
COMPANY'S ARGUMENTS:
5. 1. The Company is of the view that the offer made is very
generous and goes beyond what the Company can afford.
2. The rates and scales of pay of staff in the Company are
better than either in Roadstone (who are the Company's main
competitors), the County Council and are higher than the
rates applicable in the registered agreement for the
Construction Industry.
3. The Public Capital Programme cuts will have very serious
implications for all those employed in the Construction
Industry. The cuts will mean a volume decline of 23%.
4. The settlement of the pay round in the Construction
Industry provided for a 15 month agreement effective from 1st
January, 1987. There was a 5 month pay pause followed by a
4% increase for 10 months, the agreement to expire on 31st
March, 1988. In view of this the offer made is fair and
reasonable.
RECOMMENDATION:
6. The Court, having considered the submissions made by the
parties, recommends that the proposals emanating from the
Conciliation Conference of 15th September, 1987, (see Appendix) be
accepted, amended to provide for the termination of the Agreement
on 30th June, 1988, instead of 31st July, 1988.
~
Signed on behalf of the Labour Court
23rd November, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman
APPENDIX
Re: Ryan Brothers/ITGWU (27th Wage Round)
SETTLEMENT PROPOSALS:-
(i) 4% increase from 1/7/87;
(ii) no further cost increasing claims;
(iii) industrial peace to continue;
(iv) flexibility and co-operation with on-going change;
(v) continual observance of the house agreement;
(vi) agreement on points 2, 3 and 4 of the F.U.E.'s letter dated
20th July, 1987 - see below;
(vii) agreement to terminate 31/7/1988.
Industrial Relations Officer
15/9/87
2. BLOCK TRUCK DRIVERS
The Company believes they are correctly graded in Grade III.
This Grade provides a special differential for this type of
work. The collection of money when required applies to all
truck drivers.
3. The Company will require a reduction in working hours from
5.30 p.m. to 5.00 p.m. on Monday to Friday. The overtime
currently being worked during this period will therefore
cease. This reflects the low level of demand which the
Company is experiencing, and additional overtime would only be
worked when necessary.
4. Relief Drivers, on shovels and excavators are to operate as
and when required by Management. (These relief drives are P.
Ryan, T. Cooney and P.J. Culligan). Other relief drivers, on
shovels only, are J. Finn, B. Keane, J. Barry.
Subject to agreement on the paragraph above, it would be
acceptable to change:-
- 22 RB - 38 RB Excavator Driver, and
- Drop Ball Operator, from Grade IV to Grade III