Labour Court Database __________________________________________________________________________________ File Number: CD9390 Case Number: LCR13999 Section / Act: S26(1) Parties: KILKENNY LIMESTONE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning Clause 3 (Local Bargaining Clause) of the Programme for Economic and Social Progress. (PESP).
Recommendation:
The Court has considered the submissions made by the parties and
is of the opinion that the Company's offer in the context of
Clause 3 of P.E.S.P. is reasonable and should be accepted by the
workers concerned.
The Court so recommends.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9390 RECOMMENDATION NO. LCR13999
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: KILKENNY LIMESTONE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning Clause 3 (Local Bargaining Clause) of
the Programme for Economic and Social Progress. (PESP).
BACKGROUND:
2. 1. The Company is in the business of quarrying and
processing limestone and employs 37 people. In April, 1992
discussions took place between the parties on the 3% Local
Bargaining Clause of PESP. Further meetings took place in
June and July out of which an offer was made by the Company.
This offer was rejected and the main reason for this was the
Company's desire to terminate the 15th August (a Church holy
day) as a holiday.
2. The dispute was referred to the Labour Relations
Commission and conciliation conferences took place on the
17th November, 1992 and the 9th December, 1992. Agreement
could not be reached and the matter was referred by the
Labour Relations Commission to the Labour Court on the 2nd
February, 1993. The Court investigated the issue on the 2nd
March, 1993 in Kilkenny.
UNION'S ARGUMENTS:
3. 1. It is not acceptable to terminate the holiday of the
15th August.
2. This holiday was part of an agreement reached with the
Company during negotiations on the reduced working week (39
hour week).
3. The workers are agreeable to co-operate with changes in
the sick pay arrangement, cut down absenteeism, stricter time
keeping and tea breaks, increase output and co-operate with
on-going changes.
COMPANY'S ARGUMENTS:
4. 1. The value of one day's holidays foregone is 0.43%.
2. There will be no social loss to employees by
discontinuing the day in lieu of the 15th August.
3. The Company has bargained in good faith and has put a
full 3% on the table.
4. The conditions attached to the increase are reasonable
in the context of the size of the business and the need to
service customers.
RECOMMENDATION:
The Court has considered the submissions made by the parties and
is of the opinion that the Company's offer in the context of
Clause 3 of P.E.S.P. is reasonable and should be accepted by the
workers concerned.
The Court so recommends.
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Signed on behalf of the Labour Court
22nd March, 1993 John O'Connell
P.O.C./M.H. ___________________________________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.