Labour Court Database __________________________________________________________________________________ File Number: CD93219 Case Number: LCR14127 Section / Act: S26(1) Parties: WATERFORD JOINERY LIMITED - and - UNION OF CONSTRUCITON ALLIED TRADES AND TECHNICIANS |
A claim for the application of the Construction Industry supplements.
Recommendation:
5. The Court, having considered all of the views of the parties
as expressed in their oral and written submissions, is of the view
that Annex 2 to Appendix A (Memorandum of Understanding in the
Construction Industry (including the Electrical Contracting
Industry) of Clause 3 of the Agreement on Pay and Conditions which
forms part of the Programme for Economic and Social Progress) did
not contemplate the inclusion of the workers concerned in this
dispute.
Accordingly the Court does not recommend concession of the claim
of the workers concerned.
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93219 RECOMMENDATION NO. LCR14127
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: WATERFORD JOINERY LIMITED
(REPRESENTED BY THE CONSTRUCTION INDUSTRY FEDERATION)
AND
UNION OF CONSTRUCITON ALLIED TRADES AND TECHNICIANS
SUBJECT:
1. A claim for the application of the Construction Industry
supplements.
BACKGROUND:
2. 1. The Union submitted a claim to the Company on the 29th
July, 1992 seeking the implementation of the Construction
Industry supplements. A meeting took place but progress
could not be made. The matter was referred to the Labour
Relations Commission and a conciliation conference took place
on the 3rd March, 1993. Agreement could not be reached and
the issue was referred by the Labour Relations Commission to
the Labour Court on the 26th March, 1993. The Court
investigated the matter on the 4th May, 1993 in Waterford.
UNION'S ARGUMENTS:
3. 1. The workers are clearly defined as workers covered by
the terms of the Registered Employment Agreement for the
Construction Industry.
2. The forum where rates of pay and conditions in the
Joinery Industry are negotiated is through central
negotiations between the Construction Industry Committee of
the Irish Congress of Trade Unions and the Construction
Industry Federation.
3. The construction rates of wages have always been the
direct comparator for rates of wages in the joinery
manufacturing industry.
4. The Union complies with the terms of the Programme for
Economic and Social Progress in pursuing this claim.
COMPANY'S ARGUMENTS:
4. 1. There is no national forum for negotiating on behalf of
the Joinery Industry.
2. The Registered Employment Agreement for the Construction
Industry does not cover joinery workshop employees.
3. The Company cannot afford to pay the supplement.
4. The market in Ireland is being eroded by cheaper imports
of flush and regency doors.
RECOMMENDATION:
5. The Court, having considered all of the views of the parties
as expressed in their oral and written submissions, is of the view
that Annex 2 to Appendix A (Memorandum of Understanding in the
Construction Industry (including the Electrical Contracting
Industry) of Clause 3 of the Agreement on Pay and Conditions which
forms part of the Programme for Economic and Social Progress) did
not contemplate the inclusion of the workers concerned in this
dispute.
Accordingly the Court does not recommend concession of the claim
of the workers concerned.
~
Signed on behalf of the Labour Court
30th June, 1993 Tom McGrath
P.O.C./M.H. --------------------------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.