Labour Court Database __________________________________________________________________________________ File Number: CD94481 Case Number: LCR14581 Section / Act: S26(1) Parties: IRISH COUNTRY MEATS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for the implementation of Phase 3 of the Programme for Economic and Social Progress (PESP).
Recommendation:
The Court has fully considered all of the views of the parties as
expressed in their oral and written submissions.
The Court notes the issue in respect of the boners is no longer
for consideration. In respect of the other issues the Court makes
the following recommendations:
1. Lamb Line - That the 3rd Phase of PESP be paid on the fallback
rate, the negotiations on the new piece-rate
system to be completed as quickly as possible and
the scheme introduced.
2. Ancillary Staff - That the 3rd Phase be implemented with
immediate effect.
3. The effective date of application of PESP - The effective date
of application of the payment of PESP to be agreed between the
parties following the introduction of the new piece-rate
scheme. Failing agreement between the parties the Court will
make a definitive recommendation.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94481 RECOMMENDATION NO. LCR14581
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
IRISH COUNTRY MEATS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for the implementation of Phase 3 of the
Programme for Economic and Social Progress (PESP).
BACKGROUND:
2. The dispute concerns approximately 250 workers employed at
the Company's Ballyhaunis plant.
The Union submitted a claim for the implementation of Phase 3
of the PESP in early 1993. The Company paid the increase to
40 workers who operate the beef line in March 1993 but
claimed inability to pay it to the rest of the workforce. No
agreement was possible at local level discussions and the
dispute was referred to the Labour Relations Commission. Two
conciliation conferences were held in February and June, 1994
but no agreement was reached. The dispute was referred to
the Labour Court by the Labour Relations Commission on the
15th September, 1994. The Court investigated the dispute on
the 9th November, 1994.
UNION'S ARGUMENTS:
3. 1. The Company is part of the Avonmore Group which has paid
their workers the 3% increase. The workers concerned
are being discriminated against as they have not
received an increase since 1992.
2. The wage rates of the workers concerned are
substantially below those of workers in comparable
employments (details supplied to the Court). The aim of
the PESP was to provide increases to workers on low wage
rates. The Company is profitable and can afford to pay
the increase to the workers.
3. The Company must pay the 3rd Phase of PESP on basic
rates. The Union will then discuss any issues relating
to the operation of the Union's production lines.
COMPANY'S ARGUMENTS:
4. 1. The Company has experienced significant trading
difficulties over the past few years. Currently the
plant is working at 3/5ths capacity and on a 4-day week.
2. The Ballyhaunis plant is in need of extensive
modernisation and further investment if it is to be
profitable.
3. It is essential that the Company and the union agree new
piece-rate systems in respect of the various production
lines at the plant (details supplied to the Court).
4. The rates of pay of the workers concerned are superior
to those of workers at the Company's sister plant at
Ballaghaderreen.
RECOMMENDATION:
The Court has fully considered all of the views of the parties as
expressed in their oral and written submissions.
The Court notes the issue in respect of the boners is no longer
for consideration. In respect of the other issues the Court makes
the following recommendations:
1. Lamb Line - That the 3rd Phase of PESP be paid on the fallback
rate, the negotiations on the new piece-rate
system to be completed as quickly as possible and
the scheme introduced.
2. Ancillary Staff - That the 3rd Phase be implemented with
immediate effect.
3. The effective date of application of PESP - The effective date
of application of the payment of PESP to be agreed between the
parties following the introduction of the new piece-rate
scheme. Failing agreement between the parties the Court will
make a definitive recommendation.
~
Signed on behalf of the Labour Court
8th December, 1994 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.