Labour Court Database __________________________________________________________________________________ File Number: CD94155 Case Number: LCR14538 Section / Act: S26(1) Parties: SECURICOR (IRELAND) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
(i) Improvement in basic pay. (ii) Unsocial hours/Sunday payment.
Recommendation:
Having considered the submission from the parties the Court
accepts the Company's contention that the Union's claims are
covered by the terms of Section 5. of the PESP.
The Court accordingly does not recommend concession of the claims.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94155 RECOMMENDATION NO. LCR14538
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
SECURICOR (IRELAND) LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. (i) Improvement in basic pay.
(ii) Unsocial hours/Sunday payment.
BACKGROUND:
2. The thirty workers concerned in the dispute are employed by
the Company as cash processors. The work involves the
preparation of pay-packets for clients and the counting and
sorting of cash. Ten of the claimants work approximately 10
hours each night, 3 to 5 nights per week and the other twenty
work 8 to 9 hours per day, 3 to 5 days per week. The daily
hours are worked Monday to Friday and the night hours are
worked Sunday to Thursday inclusive.
The current rates are:-
Hourly rate #3.47
Night allowance/Sunday allowance #3.04 (paid per shift)
In April, 1993, discussions took place between the parties at
which the Union submitted a claim for an increase in the
hourly rates of pay and the unsocial hours/Sunday allowance.
The Company rejected the Union's claim.
The dispute was referred to the Labour Relations Commission.
A conciliation conference was held on 18th October, 1993. As
no agreement could be reached the dispute was referred to the
Labour Court on 8th March, 1994, in accordance with section
26(1) of the Industrial Relations Act, 1990. A Labour Court
hearing took place on 23rd May, 1994.
UNION'S ARGUMENTS:
3. 1. The workers concerned are the lowest paid workers in the
Company.
2. Comparisons with workers in similar employment show that
the Company's main competitors pay considerably higher
rates of pay to workers in similar employment.
3. The cash processing staff are employed on permanent
night-shift and payment in full of #16 per week is
justified on the basis of the unsocial hours/Sunday
working. Other workers in the Company in similar
circumstances receive the allowance in full.
4. The Union's claim for an hourly rate of #4.26 and a
payment of #16 Sunday/unsocial hours allowance is
reasonable in the circumstances.
COMPANY'S ARGUMENTS:
4. 1. The basic rate of pay for cash processors has been in
operation for many years and has increased in line with
the various national wage agreements. To pay allowances
as per the Union's claim would set an unacceptable
precedent with other staff categories.
2. Concession of the Union's claim will force the Company
to increase its prices which in turn would make the
section uncompetitive and unprofitable and lead to a
loss of contracts and jobs.
3. The Union's claim is cost increasing and is precluded
under the terms of the Programme for Economic and Social
Progress (PESP). Cost increases would not be in the
interests of the Company or its employees.
RECOMMENDATION:
Having considered the submission from the parties the Court
accepts the Company's contention that the Union's claims are
covered by the terms of Section 5. of the PESP.
The Court accordingly does not recommend concession of the claims.
~
Signed on behalf of the Labour Court
5th August, 1994 Evelyn Owens
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan Court Secretary.