Labour Court Database __________________________________________________________________________________ File Number: CD88311 Case Number: LCR11894 Section / Act: S67 Parties: J. G. O'MALLEY LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
An increase in pay for two employees.
Recommendation:
5. The Court, having considered the submissions made by the
parties, recommends that each of the two claimants be paid an
out-of-line increase of five pounds per week as from the 1st
October, 1987 for one year to be followed by the National Plan.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD88311 RECOMMENDATION NO. LCR11894
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: J. G. O'MALLEY LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. An increase in pay for two employees.
BACKGROUND:
2. The Company is involved in the wholesale distribution business
in the County Mayo area. The dispute involves the grades of
driver and helper whose rates of pay are £133.70 and £130.55
respectively. The previous wage agreement expired on the first of
October, 1987. The Union claimed an increase of ten pounds per
week on behalf of its members. The Company pleaded inability to
pay this amount and instead offered to pay the terms of the
National Plan. The Company stated that it was experiencing severe
financial difficulties due to a downturn in business and stiff
competition from competitors. The dispute was referred to the
Conciliation Service of the Labour Court on 25th February, 1988,
and a conciliation conference was held on the 13th April, 1988 but
no agreement was reached. The matter was referred to the Labour
Court for investigation and recommendation. A Court hearing took
place on the 23rd May, 1988.
UNION'S ARGUMENTS:
3. 1. The Company offered the terms of the National Plan
preceded by a one month pay pause, and this is totally
unacceptable to the Union, whose members are on rates of pay
substantially below those of drivers and helpers elsewhere.
2. The current weekly rate of pay of a driver (inclusive of
service pay) is one hundred and thirty five pounds per week.
Other employees of the Company were recently given pay
increases in excess of those now being offered to the
employees involved in this claim. Workers in comparable
employments receive higher rates of pay, and the increase of
ten pounds weekly now being sought by the Union will only
bring members rates of pay to the same level as these
employees.
3. The claim predates the terms of the National Plan and
should be conceded by the Company.
COMPANY'S ARGUMENTS:
4. 1. The Company is experiencing severe financial difficulties
because of the present business climate. Many of the outlets
which the Company has provided with groceries etc. have been
in constant decline since the beginning of the recession, and
some have gone out of business.
2. Customers live in very sparsely populated areas, with bad
roads and many stops have to be made to effect delivery of the
Company's goods. The Company was being under-cut by many
competitors including the multiples, and this was having a
detrimental effect on its trading position. The Company
however, in an attempt to secure a settlement, is prepared to
implement the terms of the National Plan from the due date for
a period of three years.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, recommends that each of the two claimants be paid an
out-of-line increase of five pounds per week as from the 1st
October, 1987 for one year to be followed by the National Plan.
~
Signed on behalf of the Labour Court.
Nicholas Fitzgerald
___14th___June,____1988. _______________________
T. O'D. / M. F. Deputy Chairman