Labour Court Database __________________________________________________________________________________ File Number: CD87698 Case Number: LCR11457 Section / Act: S67 Parties: INITIAL SERVICES LTD - and - MPGWU |
Claim for a 26th wage round agreement.
Recommendation:
6. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claims and
recommends that the terms of the package arrived at by
negotiations between the parties should be accepted in settlement
of the claim.
Division: Mr O'Connell Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87698 THE LABOUR COURT LCR11457
CC871408 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11457
Parties: INITIAL SERVICES LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
MARINE PORT AND GENERAL WORKERS' UNION
Subject:
1. Claim for a 26th wage round agreement.
Background:
2. This claim concerns approximately 70 workers employed by the
Company at its outlets in Cabra and Clondalkin. On 2nd February,
1987 the Union lodged a 26th wage round claim as follows:
(a) revision of basic rates and consolidation of attendance
pay by 10% over twelve months,
(b) parity for female operatives with Irish Linen Services,
a #10 shortfall at present,
(c) productivity agreement for female operatives,
(d) a new agreement for the transport division to include
lunch and clothing allowance,
(e) pro rata increase in wash house bonus,
(f) separate discussions on mats bonus for wash house
staff,
(g) payment of attendance, service pay and holidays to
part-time workers,
(h) increase of one day in holidays.
Local negotiations took place but no agreement was reached. In
May, 1987 the matter was referred to the conciliation service of
the Labour Court. Conciliation conferences were held on 19th May,
10th June and 15th September, 1987. Although no agreement was
reached at the first two conciliation conferences sufficient
progress was made to warrant further local discussions between the
parties.
3. In July, 1987 the parties agreed on terms for final
settlement, some items in this settlement were clarified by the
Company in August, 1987. The final terms of the settlement are in
the appendix to this recommendation. The Union stated that its
agreement to the settlement terms was subject to two items (i) pro
rata increase in the wash house bonus and (ii) payment of
attendance/service pay and holidays to a part-time worker being
referred to the Labour Court. The Company's position was that the
settlement terms were a total package and had to be accepted or
rejected as such. A further conciliation conference took place on
15th September, 1987 but no agreement was reached and the parties
agreed to refer the whole question of a wage round agreement to
the Court for investigation and recommendation. A Labour Court
hearing was held on 21st September, 1987.
Union's arguments:
4. (i) The Union considered it would have been reasonable to
implement the terms of settlement with the exception of
the two issues concerning application of a pro rata
increase to the wash-house bonus and payment of
attendance/service pay and holidays to part-time
workers which should be referred to the Court. However
the Company was not agreeable although the Court had
issued a recommendation on those two items in 1986
(Labour Court Recommendation No. 10890 refers).
(ii) When the Court investigated the claims in 1986 it
appeared to see merit in the claims although it did not
recommend concession of the claims in view of the wage
increase which had been obtained.
(iii) The Union considers that the terms as clarified by the
Company on 5th August, 1987 should be implemented with
the addition of the 4% increase to apply to the
wash-house bonus, plus the claim on behalf of the
part-time workers.
Company's arguments:
5. (a) The Union's claim had major cost implications for the
Company. At present the Company's main priority must
be to increase competitiveness and maintain jobs. In
an effort to reach a settlement the Company agreed to
recommend the proposals from conciliation.
(b) In the case of the wash-house bonus there has been a
loosening of standards over time to such an extent that
workers can earn an additional 85% of their basic rate
through bonus. The Company are not prepared to
compound this problem by increasing the wash-house
bonus. This question was previously examined by the
Labour Court in 1986 and it found in favour of the
Company on that occasion.
(c) In respect of the claims relating to part-time cleaner
for pro-rata bonus and holiday entitlement, the Company
have previously responded as follows. Last year the
Company consolidated the attendance bonus into the
basic rate for full-time staff. It is not prepared
therefore to re-introduce this bonus for a part-time
person. On question of annual leave, although the
individual has no legal leave entitlement whatsoever,
she still receives 12 days entitlement. It must be
remembered that this person is in receipt of a higher
hourly rate of pay than other staff employed by the
Company and therefore is more than compensated for by
this. If any concession is made in respect of this
worker the Company will have to consider its position
in respect of part-time staff.
(d) In view of the protracted negotiations which have taken
place, the Company would request that the Labour Court
issues a speedy recommendation which allows for a 3%
increase in full and final settlement of all claims.
RECOMMENDATION:
6. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claims and
recommends that the terms of the package arrived at by
negotiations between the parties should be accepted in settlement
of the claim.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
Deputy Chairman.
8th October, 1987.
T.O'M/J.C.
APPENDIX I
(1.) Pay
An increase of 4% to apply for a period of 12 months.
Acceptance of payment by cheque.
No consequential claims from the introduction thereof.
Continued co-operation with the Company development and
ongoing change.
No cost increasing claims for the duration of the
agreement.
(2.) Double Handling Bonus on Dust Mats in Wash House
New system of #20.00 per week payment to each person
involve in the wash house to apply.
(3.) Drivers solo run to be increased from #10.00 to #15.00.
(4.) Overnight Allowance
Drivers rate to be increased from #6.75 to #7.50 and
Helpers rates to be increased from #3.88 to #5.00.
(5.) Cash Collection - Commission
Increased to 2.50% (85% - 99% collected) 3% (100%
collected).
(6.) Introduction of productivity bonus for full-time female
factory operatives
No consequential claims as a result of this.
Temporary staff will only be taken on in the future to
cover for absences where there is a clear need
identified by management.
When staff covered by this agreement leave employment
for whatever reason, they will only be replaced where
there is an essential requirement to do so as
identified by management.
(7.) Normal closing time on Friday will revert to 4.00 p.m.
(8.) The Union may claim to have the pool increased where an
individual covered by this agreement, leaves the
Company and is not replaced. This however does not
apply in the case of the individual who is leaving in
August due to retirement.
(9.) The table below is based on all absences, including
lates, and only excludes annual leave and compassionate
leave.
The agreement becomes effective on 1st July, 1987.
Payment to be made on the following basis:-
- Every three month period.
Hours of absence Payment
20/25 hours #30.00
15/19 hours #40.00
10/14 hours #60.00
5/9 hours #90.00
Less than 5 hours #110.00
The total maximum available in any quarter is #3,500.
If this pool is not used up in any quarter, the sum
remaining will be divided among the staff with 100%
attendance. The full value of the pool will be
distributed each quarter.
(10.) Route Staff - Introduction of a Daily Allowance
Drivers and helpers will receive #1.50 per day while on
route. This is effective from
1.7.1987.