Labour Court Database __________________________________________________________________________________ File Number: CD88263 Case Number: LCR11887 Section / Act: S67 Parties: DAIRYLAND LIMITED - and - MANUFACTURING, SCIENCE AND FINANCE UNION |
Claim on behalf of 22 sales, office administration and depot personnel for improvements in pay and conditions under the 27th wage round.
Recommendation:
5. Having regard to the fact that a large majority of workers in
similar grades to the employees involved in this claim have been
offered and accepted the same terms, the Court recommends that the
Employer's offer together with the conditions attaching be
accepted by the Union.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD88263 RECOMMENDATION NO. LCR11887
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DAIRYLAND LIMITED
and
MANUFACTURING, SCIENCE AND FINANCE UNION
SUBJECT:
1. Claim on behalf of 22 sales, office administration and depot
personnel for improvements in pay and conditions under the 27th
wage round.
BACKGROUND:
2. The claimants' previous wage agreement terminated on the 30th
April, 1987. At a meeting between Management and the Union on the
10th September, the Union put forward the following claim:
- substantial increase in wages for a twelve month
period
- 4% bonus
- V.H.I. contribution
- service based annual leave.
Local discussions failed to resolve the issue and on the 1st
October, 1987 it was referred to the conciliation service of the
Labour Court. At a conciliation conference on the 18th November,
the Company offered the claimants the same terms as had been
offered to and accepted by approximately 160 members of the Dairy
Executive Association (DEA). These terms are as follows:
- 3 month pay pause with lead in payment of £50
- 3% increase for six months
- 2% increase for six months
- 1% increase for two months.
It was specifically agreed that within this settlement
was included the finalisation of the 4% bonus issue.
The conference was adjourned to allow the Union time to consider
this offer. However, it proved unacceptable and on the 31st
March, 1988, the issue was referred to the Labour Court for
investigation and recommendation. A Court hearing was held on the
5th May, 1988.
UNION'S ARGUMENTS:
3. 1. The substantial increase in salary was quantified at 8% to
make up for the erosion in the standard of living in previous
rounds and also as an attempt to improve the overall lot of
the claimants' salaries for the responsible jobs which they
perform. Furthermore, the Union is seeking a twelve month
agreement and if Management wish to extend this, an
appropriate monetary offer would have to be offered.
2. A bonus equal to 4% is paid at Christmas to all manual,
clerical and temporary staff since Christmas 1983 and the
Union submits that this should also be paid to the claimants,
the first payment to be in respect of Christmas, 1987.
3. A large proportion of Union members get paid an amount of
money to supplement the annual V.H.I. payment and enjoy Plan A
or B with 30 fee units. The Union requested meaningful
negotiations on this issue because in recent years increases
in V.H.I. payments have increased out of all proportion.
However, Management totally rejected the claim and is not
prepared to make any contributions.
4. The Union claim for service holidays is for one day for
five years' service, two days for seven years and three days
for ten years. If given, these holidays would be taken on a
staggered basis and therefore would have little or no affect
on the flow of work and would cost very little. In addition,
no increase in holidays was achieved by the claimants for a
number of years.
MANAGEMENT'S ARGUMENTS:
4. 1. Management has approached its negotiations with all groups
of employees represented in the Society on the basis of the
current economic situation within both the industry and the
organisation (details supplied to the Court). In general
terms the offer to the claimants on pay is in line with
increases agreed with other groups. Specifically it is
similar to the agreement made with the DEA which represents
160 personnel employed in a broadly similar constituency.
2. A 4% bonus was introduced in Dungarvan in 1982 for general
workers and was subsequently spread to the other grades. This
payment was associated with improved flexibility in operation
and work practices generally. In respect of the Management
group, the 4% adjustment was incorporated in salary levels
over a number of years. Since 1984 the basic increases to
general workers add up to 13.5% while the increases to
Management total 18% (details supplied). These increases
reflected the outcome of formal negotiations (with the DEA who
had raised the concession of the 4% to its members) and their
extension to other Management employees. The DEA in its
settlement for the current year acknowledged that the 4%
payment had been finalised and that no further claims would be
made in this connection.
3. The claim for V.H.I. contributions represents a cost
increase and is not appropriate under the current economic
climate. Such contributions are not paid to any worker
employed in any part of the Organisation and as far as
Management is aware neither does it apply in any of the other
major co-operative societies.
4. The claim for an increase in holidays in the form of
service leave also represents a cost to the Society and as
such cannot be considered. The claimants currently enjoy the
standard twenty days holidays which apply to all employees
throughout the Society.
RECOMMENDATION:
5. Having regard to the fact that a large majority of workers in
similar grades to the employees involved in this claim have been
offered and accepted the same terms, the Court recommends that the
Employer's offer together with the conditions attaching be
accepted by the Union.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
9th June, 1988. Deputy Chairman
D.H./J.C.