Labour Court Database __________________________________________________________________________________ File Number: CD93213 Case Number: LCR14107 Section / Act: S26(1) Parties: READYMIX LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;AUTOMOBILE GENERAL ENGINEERING AND MECHANICAL OPERATIVES UNION |
A claim for a 3% wage increase as provided for under Clause 3 of the Programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
5. Having considered the claim in the light of the submissions
made by the parties it seems to the Court the progress on
negotiatoins has been inhibited by a misunderstanding which has
arisen between the parties on the question of the payment of
direct debits. The Court is of the opinion that as of now it is
clear that the overall acceptance of the system is not available.
In these circumstances the Court recommends that the parties
resume direct discussions on the Clause 3 claim and that the
Company should seek reciprocal benefits by means of enlarging on
range of flexibilities which appear to have been on offer together
with the modified proposal on the introduction of Direct Debit.
Division: Mr O'Connell Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93213 RECOMMENDATION NO. LCR14107
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1),INDUSTRIAL RELATIONS ACT, 1990
PARTIES: READYMIX LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
AUTOMOBILE GENERAL ENGINEERING AND MECHANICAL OPERATIVES UNION
SUBJECT:
1. A claim for a 3% wage increase as provided for under Clause 3
of the Programme for Economic and Social Progress (P.E.S.P.).
BACKGROUND:
2. 1. The Readymix plc. group of companies are involved in the
manufacture of concrete, concrete products, road materials and
related products for the Irish market. The Group has a number
of companies nationwide and the claim concerns Clause 3 of the
PESP and its application to those companies in the Group
covered by the House Agreement.
2. On the 24th April, 1992, the Union served a claim on the
Company for the 3% increase in basic pay provided for under
Clause 3 of P.E.S.P. No progress was made and the matter was
referred to the Labour Relations Commission and a conciliation
conference was held on the 23rd February, 1993. Agreement
could not be reached and the dispute was referred to the
Labour Court on the 29th March, 1993. The Court investigated
the matter on the 19th May, 1993.
UNION'S ARGUMENTS:
3. 1. The Company holds a major share of the domestic market
for the production and supply of concrete building blocks,
readymix concrete and road making materials.
2. The Company reported a profit in 1992 which was a very
bad year for the Construction Industry.
3. In the past few weeks the prospects for the industry
have improved
4. There was no agreement made with the Company concerning
direct debit as part of the agreement on the 39 hour week.
COMPANY'S ARGUMENTS:
4. 1. The Company is not an 'exceptional' company within the
meaning of Clause 3 of the P.E.S.P..
2. The comparator used by the Union is inappropriate.
3. The claims regarding pension and sick pay schemes are
inappropriate in the context of Clause 4 of P.E.S.P. as a sick
pay scheme exists in the Company.
4. The Company are already paying for productivity and
flexibility under the terms of their House Agreement.
RECOMMENDATION
5. Having considered the claim in the light of the submissions
made by the parties it seems to the Court the progress on
negotiatoins has been inhibited by a misunderstanding which has
arisen between the parties on the question of the payment of
direct debits. The Court is of the opinion that as of now it is
clear that the overall acceptance of the system is not available.
In these circumstances the Court recommends that the parties
resume direct discussions on the Clause 3 claim and that the
Company should seek reciprocal benefits by means of enlarging on
range of flexibilities which appear to have been on offer together
with the modified proposal on the introduction of Direct Debit.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
11th June, 1993. Deputy Chairman.
P.O'C./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.