Labour Court Database __________________________________________________________________________________ File Number: CD93690 Case Number: LCR14407 Section / Act: S26(1) Parties: BARFORD MEATS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
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:
The Court having considered the views of the parties as expressed
in their oral and written submissions considers that there is a
basis for the parties to reach agreement in respect of this
dispute. It requires however on the one hand the company
negotiating an amount up to 3% and on the other the Union
negotiating with the Company and in the negotiations taking full
account of the implications of any increase for competitiveness,
the need for flexibility and change.
The Court would recommend that given the above procedure the
parties seek to reach an agreement within a period of four weeks
of the date of issue of this recommendation.
In the event the parties are unable to agree the Court will review
the progress of negotiations and issue a definitive
recommendation.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93690 RECOMMENDATION NO. LCR14407
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BARFORD MEATS LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. 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 Company was established at Carrickmacross, Co.
Monaghan in 1986, currently employs 55 people, and is engaged
in the processing of beef burgers and beef mainly for
supermarket chains.
2. The Union sought the payment of a 3% wage increase as
provided for under Clause 3 of the P.E.S.P. The matter was
referred to the Labour Relations Commission and conciliation
conferences were held on 20th January, 1993 and 15th October,
1993. Agreement could not be reached and the issue was
referred by the Labour Relations Commission to the Labour
Court on 14th December, 1993. The Court investigated the
matter on 28th March, 1994.
UNION'S ARGUMENTS:
3. 1. The 3% wage increase under Clause 3 of the P.E.S.P. has
been conceded in the majority of manufacturing
companies.
2. The Company can afford to pay this increase.
3. The current rates of pay in the Company need adjustment
and Clause 3 of the P.E.S.P. was designed with this
purpose in mind.
COMPANY'S ARGUMENTS:
4. 1. The Company cannot be described as an "exceptional"
Company within the meaning of Clause 3 of the P.E.S.P.
and consequently negotiations under Clause 3 are
inappropriate
2. The economic and commercial circumstances of the
industry and the Company's position within that industry
preclude the payment of the 3% increase.
RECOMMENDATION:
The Court having considered the views of the parties as expressed
in their oral and written submissions considers that there is a
basis for the parties to reach agreement in respect of this
dispute. It requires however on the one hand the company
negotiating an amount up to 3% and on the other the Union
negotiating with the Company and in the negotiations taking full
account of the implications of any increase for competitiveness,
the need for flexibility and change.
The Court would recommend that given the above procedure the
parties seek to reach an agreement within a period of four weeks
of the date of issue of this recommendation.
In the event the parties are unable to agree the Court will review
the progress of negotiations and issue a definitive
recommendation.
~
Signed on behalf of the Labour Court
26th April, 1994. Tom McGrath
P.O'C./A.L. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.