Labour Court Database __________________________________________________________________________________ File Number: CD89902 Case Number: LCR12723 Section / Act: S20(1) Parties: IRISH PRESS NEWSPAPERS LIMITED - and - TWO WORKERS |
Claim by two workers for the restoration of a rate of pay.
Recommendation:
4. The Court notes the terms and conditions of employment of the
casual drivers is covered by an agreement between the Company and
the Union. The Court however considers the issue of the rate of
pay in respect of the workers concerned in this claim should be
resolved as expeditiously as possible.
Accordingly the Court recommends the Union and the Company make
such arrangements as necessary to finalise the matter as soon as
possible.
Division: MrMcGrath Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD89902 RECOMMENDATION NO. LCR12723
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: IRISH PRESS NEWSPAPERS LIMITED
AND
TWO WORKERS
SUBJECT:
1. Claim by two workers for the restoration of a rate of pay.
BACKGROUND:
2. In 1985 the Company employed nine casual drivers on a rate of
75% of the permanent driver wage. Six of the casual drivers were
made permanent and the remaining three were employed on a special
rate of pay (#37 per day approximately). After three months this
special rate was withdrawn and the wages of the three casual
drivers were reduced. One of the casual drivers subsequently left
the Company and the remaining two casual drivers are claiming
restoration of the special rate of pay. The workers concerned
referred the matter to the Labour Court under Section 20(1) of the
Industrial Relations Act, 1969. The hearing took place on 16th
January, 1990. Prior to the hearing the workers concerned agreed
to be bound by the Court's recommendation. The Company indicated
in writing prior to the hearing that it was not its intention to
be represented on the grounds that the action being taken by the
workers concerned is at variance with agreed procedures, and that
the Company is at present processing a claim from the two workers'
Union in relation to all casual drivers. The Company was not
represented at the hearing and did not make a submission to the
Court.
WORKERS' ARGUMENTS:
3. 1. The two workers concerned are claiming that the special
rate of pay negotiated between the Union and the Company
should be restored. They have gone through all the necessary
procedures with the Union without success.
3 2. The permanent drivers are employed on a nine working days
per fortnight basis. As the workers concerned are on a lower
basic rate of pay they are required to work longer hours than
permanent drivers to achieve comparable earnings.
RECOMMENDATION:
4. The Court notes the terms and conditions of employment of the
casual drivers is covered by an agreement between the Company and
the Union. The Court however considers the issue of the rate of
pay in respect of the workers concerned in this claim should be
resolved as expeditiously as possible.
Accordingly the Court recommends the Union and the Company make
such arrangements as necessary to finalise the matter as soon as
possible.
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Signed on behalf of the Labour Court,
Tom McGrath
___________________
2nd February, 1990
A. S. / M. F. Deputy Chairman.