Labour Court Database __________________________________________________________________________________ File Number: CD8854 Case Number: LCR11720 Section / Act: S67 Parties: BELL LINES - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Dispute concerning the starting date of an agreement.
Recommendation:
5. The Court having considered the submissions from both parties
and taking into account the history of wage negotiations for the
group herein concerned and in particular the background to the
claim which was submitted in August, 1986 recommends that the
Company agree to pay the agreed increase of #1,000 per annum to
the claimants from 1st January, 1987.
Division: Ms Owens Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD8854 RECOMMENDATION NO. LCR11720
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BELL LINES
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Dispute concerning the starting date of an agreement.
BACKGROUND:
2. The workers here concerned are approximately forty clerical
workers employed by the Company. These workers are currently on
salary scales which range from #8,874 to #15,088. These salary
scales include a pay increase of #1,000 per annum which the
Company applied with effect from 1st July, 1987 for twelve months.
The Union is claiming that this increase should be applied with
effect from 1st January, 1986. The Company rejects the claim. No
agreement was reached through local negotiations and on 27th July,
1987 the case was referred to the conciliation service of the
Labour Court. A conciliation conference was held on 9th October,
1987 but no agreement was reached and the case was referred to the
Court for investigation and recommendation. A Labour Court
hearing was held on 3rd February, 1988 in Waterford.
UNION'S ARGUMENTS:
3. 1. The start date of this agreement should be from 1st
January, 1986. The last increase was in January, 1985 and was
an across the board figure of #800 or 6% on average. The
Company's proposal would mean that this group of workers would
have only secured a 6% increase over a thirty month period
when the national average for that period was 6% for twelve
months or a total of 15% for the period.
2. At the conciliation conference on 9th October, 1987 the
Company acknowledged that the January, 1985 agreement was to
the end of 1985. It also acknowledged that during the
difficult period of January, 1986 to agreement in July, 1987
there was the fullest co-operation of the workers during the
long dragged out negotiations. However it would not concede a
start date of January, 1986.
3. This claim was first lodged in August, 1986 and has been
patiently processed through normal chanels. The question of
whether these would be repercussive claims does not affect the
merits of the case.
4. At the time the agreement, under which the #1,000 increase
was conceded, was made the Union understood it's starting date
would be 1st January, 1986.
COMPANY'S ARGUMENTS:
4. 1. In recent years there has been a degree of rationalisation
in the Company. Clerical employees, unlike other groups, have
maintained their terms and conditions of employment.
2. All other groups in the Company have received exactly the
same increase of #1,000 from 1st July, 1987.
3. To make any adjustment, however small, in the case of the
clerical employees, will undoubtedly give rise to repercussive
claims and industrial relations problems - it is only in
recent months that the Company has regained stability after a
period of considerable uncertainty.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
and taking into account the history of wage negotiations for the
group herein concerned and in particular the background to the
claim which was submitted in August, 1986 recommends that the
Company agree to pay the agreed increase of #1,000 per annum to
the claimants from 1st January, 1987.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
29th February, 1988.
T. O'M. / M. F. Deputy Chairman.