Labour Court Database __________________________________________________________________________________ File Number: CD91302 Case Number: LCR13352 Section / Act: S67 Parties: CANNON HYGIENE PRODUCTS (IRELAND) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning an increase in pay for 2 cleaners.
Recommendation:
5. Having reviewed the submissions made by the parties and the
additional oral evidence presented at the hearing, the Court does
not consider that the Union's claim is well grounded.
Accordingly, the Court does not recommend concession.
Division: CHAIRMAN Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD91302 RECOMMENDATION NO. LCR13352
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: CANNON HYGIENE PRODUCTS (IRELAND) LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning an increase in pay for 2 cleaners.
BACKGROUND:
2. 1. The Company is engaged in the maintenance of sanitary
disposal units and the disposal of waste. There are 45
workers nationwide and 19 workers in the Dublin depot are
Union members. The 2 workers involved in the claim empty
sanitary disposal units, clean them and dispose of the waste.
The workers have approximately 6 years service.
2. The Union gained recognition from the Company in 1989 and
subsequently pursued a claim on behalf of the 2 workers for an
increase in their rate of pay to reflect the dirty nature of
the job. No progress was made at direct negotiations and the
claim was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 6th December,
1990. The parties could not reach agreement and the dispute
was referred to the Labour Court on 10th June, 1991. A Labour
Court investigation took place on 12th July, 1991.
UNION'S ARGUMENTS:
3. 1. Rates of pay in the employment do not reflect the
dangerous and unpleasant nature of the work performed. In
other employments involving the disposal of human/medical
waste, workers are paid higher rates of pay or receive special
allowances (details supplied).
2. This Company is engaged in providing a vital public health
service, on a commercial basis. The workers should not be
expected to provide this service for inadequate rates of pay.
The rates of pay should reflect the nature of the duties
performed and compensate for the particularly unpleasant
nature of those duties.
3. The present rates were arbitrarily determined by the
employer and were never accepted as adequate by the workers
involved. The Programme for Economic and Social Progress
(P.E.S.P.) was intended to provide cost of living increase on
rates of pay which were agreed and accepted as adequate.
During negotiations on the P.E.S.P. it was agreed that the
Court would not be precluded from making a recommendation in
excess of the terms of the P.E.S.P. in situations where the
basic rates were inadequate.
COMPANY'S ARGUMENTS:
4. 1. The collection and cleaning of sanitary disposal units is
an integral part of the job and has been since the workers
took up their positions with the Company. The rates were set
through negotiation with the Union, who represented workers at
the time. This is not a newly organised situation and the
rates are derived from earlier negotiations (details
supplied).
2. The workers when taking up their positions with the
Company knew what the job involved. There are other workers
involved in the same or similar type work. If this claim is
conceded it is likely to have a considerable knock-on effect
throughout the Company.
3. The claim for additional payment is of a cost increasing
nature and, therefore, is precluded under the P.E.S.P.
RECOMMENDATION:
5. Having reviewed the submissions made by the parties and the
additional oral evidence presented at the hearing, the Court does
not consider that the Union's claim is well grounded.
Accordingly, the Court does not recommend concession.
~
Signed on behalf of the Labour Court
Kevin Heffernan
________________________
19th July, 1991 Chairman.
J.F./J.C.