Labour Court Database __________________________________________________________________________________ File Number: CD93320 Case Number: LCR14200 Section / Act: S26(1) Parties: DUBLIN HOTELS BRANCH - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union, on behalf of approximately 2,800 workers, for payment of the 3% local bargaining increase provided for under Clause 3 of the Programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
5. The Court, having considered the views expressed by the
parties, recommends that they enter into negotiations under Clause
Three of P.E.S.P. immediately. Clause Three requires the parties
"to take full account of the implications for competitiveness, the
need for flexibility and change and the contribution made by
employees to such change;" consequently in this case the Union is
obliged to give serious consideration to the claims by management
of difficult trading conditions.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93320 RECOMMENDATION NO. LCR14200
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DUBLIN HOTELS BRANCH
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union, on behalf of approximately 2,800 workers,
for payment of the 3% local bargaining increase provided for under
Clause 3 of the Programme for Economic and Social Progress
(P.E.S.P.).
BACKGROUND:
2. The Dublin Hotels Branch implemented Phase 2 of the P.E.S.P.
with effect from 1st September, 1992. In October, 1992 the Union
submitted a claim for payment of the 3% increase provided for
under Clause 3 of P.E.S.P. with effect from 1st September, 1993.
At subsequent local discussions management rejected the claim.
The dispute was referred to the Labour Relations Commission and a
conciliation conference was held on the 24th May, 1993. As no
agreement was reached the dispute was referred to the Labour Court
on 24th May, 1993, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute on the 13th September, 1993 (the earliest date suitable to
both parties).
UNION'S ARGUMENTS:
3. 1. The 3% increase under Clause 3 of P.E.S.P. is an integral
element of the pay package within the terms of that Agreement
and must be paid to the workers concerned. The increases
provided for under P.E.S.P. are moderate. The stated
intention of the Programme is to benefit workers on low pay,
such as the workers concerned.
2. There has been a substantial increase in the number of
visitors to Dublin in recent years and the workers concerned
have given significant co-operation to the hotels in ensuring
competitiveness and productivity.
HOTEL'S ARGUMENTS:
4. 1. The hotel trade is in recession with bedroom occupancy as
well as food and beverage sales substantially down on recent
years.
2. Clause 3 of P.E.S.P. states "exceptionally employers and
trade unions may negotiate" etc. The Hotels Branch are not
exceptional within the parameters of Clause 3 and it is not
appropriate for the parties to negotiate the 3% increase under
this Clause. There is no indication of a recovery in the
industry in the foreseeable future.
RECOMMENDATION:
5. The Court, having considered the views expressed by the
parties, recommends that they enter into negotiations under Clause
Three of P.E.S.P. immediately. Clause Three requires the parties
"to take full account of the implications for competitiveness, the
need for flexibility and change and the contribution made by
employees to such change;" consequently in this case the Union is
obliged to give serious consideration to the claims by management
of difficult trading conditions.
~
Signed on behalf of the Labour Court
Evelyn Owens
_____________________
24th September, 1993. Deputy Chairman
T.O'D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.