Labour Court Database __________________________________________________________________________________ File Number: CD93459 Case Number: LCR14229 Section / Act: S26(1) Parties: INCORPORATED LAW SOCIETY - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim under Clause 3 of the Programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
5. Having considered the submissions of the parties the Court
does not find that circumstances envisaged for payment under
Clause 3 have been met. Accordingly the Court does not recommend
concession of the claim.
Division: Mr Heffernan Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93459 RECOMMENDATION NO. LCR14229
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: INCORPORATED LAW SOCIETY
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim under Clause 3 of the Programme for Economic and Social
Progress (P.E.S.P.).
BACKGROUND:
2. The workers concerned are employed by the Society in clerical,
cleaning and portering grades. In February, 1993, the Union
submitted a claim on behalf of the workers concerned for the
application of the 3% under the terms of the P.E.S.P. The Society
rejected the claim. The Society claims that no exceptional
circumstances exist to justify concession of the union's claim.
Local level discussions took place between the parties after which
a number of issues including Clause 3 of P.E.S.P. were referred to
the Labour Relations Commission.
A conciliation conference held on 4th May, 1993 was adjourned to
allow for further discussions regarding Clause 3 of P.E.S.P.
Other issues at conciliation were resolved. A second conciliation
conference was held on 22nd June, 1993 but no progress was made
and the matter was referred to the Labour Court on 22nd July,
1993. The Labour Court hearing took place on 22nd September,
1993.
UNION'S ARGUMENTS:
3. 1. No employer has the right to automatic exclusion from the
terms of Clause 3 of P.E.S.P.
2. P.E.S.P. does not provide for employers who pay wages
"within industry norm" to opt out of negotiations which are
specifically provided for under the terms of P.E.S.P. The
workers are prepared to identify areas where flexibility and
productivity can be improved in return for payment of the 3%.
3. Executive staff and other non-union workers employed by
the Society have received increases of between 5% and 10%.
4. Extensive renovations are taking place at considerable
expense at the Society's premises in Blackhall Place. It is
difficult in the circumstances for the workers concerned to
accept the Society's refusal to negotiate in relation to
Clause 3.
SOCIETY'S ARGUMENTS:
4. 1. No exceptional circumstances exist to justify concession
of the Union's claim. The Society, not being a commercial
concern, falls outside the terms of Clause 3.
2. The Society cannot afford to bear additional costs. It
would be impossible to identify productivity that would yield
a return to the Society.
3. Ninety per cent of the Society's income outside of
education activities come from contributions paid by
practising solicitors. The environment in which solicitors
operate has changed dramatically. Solicitors are no longer
guaranteed a comfortable living. The ongoing recession and
increased competition has seen a major erosion in the
profitability of solicitors practices.
4. Any award under Clause 3 would be levied against
solicitors through their practising certificate fee.
5. The terms and conditions of the workers concerned compare
very favourably with workers in similar employment.
6. The Society is presently undertaking a number of expensive
unavoidable capital projects. It owns Blackhall Place which
is of architectural renown and because of its public duty to
maintain this building will have to invest #1 million in
stonework maintenance alone over the next four to five years.
7. The workers concerned have received all increases due
under the terms of the P.E.S.P.
RECOMMENDATION:
5. Having considered the submissions of the parties the Court
does not find that circumstances envisaged for payment under
Clause 3 have been met. Accordingly the Court does not recommend
concession of the claim.
~
Signed on behalf of the Labour Court
Kevin Heffernan
_____________________
21st October, 1993. Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.