Labour Court Database __________________________________________________________________________________ File Number: CD8846 Case Number: LCR11737 Section / Act: S20(1) Parties: CENTRAL GARAGES, MOUNTMELLICK - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim, on behalf of nine employees for application of the industrial rate of pay, advice of holiday entitlements and provision of washing facilities.
Recommendation:
6. The Court recommends that the rates agreed between the Union
and the S.I.M.I. as follows:
Craftsman mechanic #164.06
4th year apprentice #147.65
3rd year apprentice #123.05
2nd year apprentice #82.03
1st year apprentice #54.63
General Operative/driver #148.27
should be implemented by the employer for the period from 13th
January, 1988 to 12th January, 1989 and the further terms of the
National Programme thereafter.
The Court also recommends that holiday entitlements of employees
should be made clear.
The Court recommends the installation of proper washing facilities
as soon as possible.
Division: Mr O'Connell Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD8846 RECOMMENDATION NO. LCR11737
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: CENTRAL GARAGES, MOUNTMELLICK
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim, on behalf of nine employees for application of the
industrial rate of pay, advice of holiday entitlements and
provision of washing facilities.
BACKGROUND:
2. The workers concerned joined the Union 1986 and, following
referral of the matter to the Labour Court, management agreed to
recognise the Union on 9th July, 1987. The matter of wage rates
was the subject of a Labour Court conciliation conference on 18th
November, 1987 at which the Company was represented by the Society
of the Irish Motor Industry (S.I.M.I.). The Union also sought
clarification of precise holiday entitlements and provision of
washing facilities. Following this conference, three workers
received a #5 gross increase, two received #10 gross and four
received no increase. The S.I.M.I. considered the matter to be
resolved and that further meetings were not required.
3. The current rates of pay are as follows:
Grade Weekly Wage
Worker 1 Mechanic & Panel Beater #210
Worker 2 Mechanic #180
Worker 3 Mechanic #180
Worker 4 Mechanic #135
Worker 5 Mechanic #135
Worker 6 Mechanic #125
Worker 7 Operative #110
Worker 8 Operative #100
Worker 9 Operative #100
In January, 1988 the Union and the S.I.M.I. made a three year
agreement at national level based on the Programme for National
Recovery. This provided for rates as follows from 13th January,
1988 to 12th January, 1989:
Craftsman mechanic #164.06
4th year apprentice #147.65
3rd year apprentice #123.05
2nd year apprentice #82.03
1st year apprentice #54.63
General operative/driver #148.27
On expiry, the further terms of the National Programme become
effective.
4. The Union sought to reconvene the conciliation conference to
discuss wages and the other matters but the Company was not
willing to attend. On 18th January, 1988, the Union referred the
matter, under Section 20(1) of the Industrial Relations Act, 1969,
to the Labour Court. The Court hearing took place on 17th
February, 1988, in Tullamore. No Company representative attended.
Prior to the hearing the Union agreed to be bound by the Court's
recommendation.
UNION'S ARGUMENTS:
5. 1. The Union is seeking application of the nationally agreed
rates to the employees of this Company. Clear steps should be
taken at once to align wages to the national level and a fixed
date set for achievement of full parity.
2. The workers and the Union have shown great tolerance and
patience in the light of the Company's attitude towards
negotiations. For approximately two years attempts are being
made to negotiate an agreed settlement with regard to the
workers' entitlements.
3. The Union seeks clarification of precise holiday
entitlements.
4. Provision of adequate washing facilities is sought i.e.
hot water and a cleansing agent.
RECOMMENDATION:
6. The Court recommends that the rates agreed between the Union
and the S.I.M.I. as follows:
Craftsman mechanic #164.06
4th year apprentice #147.65
3rd year apprentice #123.05
2nd year apprentice #82.03
1st year apprentice #54.63
General Operative/driver #148.27
should be implemented by the employer for the period from 13th
January, 1988 to 12th January, 1989 and the further terms of the
National Programme thereafter.
The Court also recommends that holiday entitlements of employees
should be made clear.
The Court recommends the installation of proper washing facilities
as soon as possible.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
10th March, 1988. Deputy Chairman
A.K./J.C.