Labour Court Database __________________________________________________________________________________ File Number: CD90545 Case Number: LCR13045 Section / Act: S20(1) Parties: LUCAN DESIGNERS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claims by the Union for recognition and improved pay and conditions.
Recommendation:
5. The Court recommends that the Company recognise the Union's
right to represent the members of the staff who are in membership
and that both sides immediately commence negotiations on all
outstanding issues.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD90545 RECOMMENDATION NO. LCR13045
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: LUCAN DESIGNERS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claims by the Union for recognition and improved pay and
conditions.
BACKGROUND:
2. The Company is a laminate manufacturer of table mats, coasters
trays, etc. Six workers are employed in the Company, five of whom
are in this Union and the other who is a craft union member. The
workers' rates of pay range from #60 to #130 per week and they
have fifteen days annual leave a year. The Union is seeking
recognition, provision of protective clothing, increase in annual
leave to twenty days and increases in pay. The Company was not
prepared to meet with the Union at local level and on 6th
September, 1990 the Union referred the matter to the Labour Court
under Section 20(1) of the Industrial Relations Act, 1969. The
Union agreed to be bound by the recommendation of the Court. The
Court investigated the dispute on 2nd October, 1990.
UNION'S ARGUMENTS:
3. 1. The Union has tried on numerous occasions both by letter
and by telephone, to arrange a meeting to discuss wages and
conditions of employment. However, the Company has refused to
meet with the Union (details supplied to the Court). The
workers' rates of pay per week are #60, #90, #102, #120 and
#130, respectively. They have fifteen days annual leave per
year and have to share the limited supply of protective
clothing, they have no negotiation procedure. The Company
should recognise that this Union represents its workers and
management should agree to an urgent meeting with the
designated Union official. Protective clothing should be
supplied to each worker and annual leave should be increased
to twenty days per annum. There should be an immediate
substantial increase in basic pay along with a commitment to
negotiate a time scale for further increases. In addition,
the full adult rate should apply at age eighteen with
percentages of 90% and 80% for younger workers and there
should be agreed differentials for semi-skilled and
supervisory work.
COMPANY'S ARGUMENTS:
4. 1. The Company is unable to pay any increase in wages at
present due to the heavy expenditure incurred in moving
premises in January and the production loss that this entailed
(details supplied to the Court). In addition, the Company
took on extra staff and this has used up working capital
resources. The worker who is paid #60 per week only works
part-time and the basic rate of pay for the workers is #120
per week and then is scaled on a percentage basis for the
workers under twenty one years of age. The annual leave
arrangements were agreed between staff and management. In
addition, management has always negotiated with the staff and
therefore does not understand why the question of negotiation
procedures has arisen.
RECOMMENDATION:
5. The Court recommends that the Company recognise the Union's
right to represent the members of the staff who are in membership
and that both sides immediately commence negotiations on all
outstanding issues.
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Signed on behalf of the Labour Court,
Evelyn Owens
__15th__October,___1990. ___________________
U. M. / M. F. Deputy Chairman