Labour Court Database __________________________________________________________________________________ File Number: CD94411 Case Number: LCR14606 Section / Act: S26(1) Parties: MASSEY BROTHERS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of three drivers for payment of the 3% local bargaining increase under Clause 3 of the Programme for Economic and Social Progress (PESP).
Recommendation:
The Court recommends that the 3% increase be implemented with
effect from a current date. The Union and the Company should seek
agreement on an acceptable contribution to be made by the drivers
in respect of concession of the claim in accordance with the
provisions of the PESP.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD94411 RECOMMENDATION NO. LCR14606
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MASSEY BROTHERS
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of three drivers for payment of
the 3% local bargaining increase under Clause 3 of the
Programme for Economic and Social Progress (PESP).
BACKGROUND:
2. The Company employs 20 workers in its six funeral homes. The
dispute concerns three drivers. In April, 1992 the Union
submitted a claim for payment of the 3% local bargaining
increase under Clause 3 of the PESP on behalf of the three
workers concerned. Management rejected the claim. The
dispute could not be resolved at local level discussions and
was referred to the Labour Relations Commission.
Conciliation conferences were held in July, 1993 and June,
1994 but no agreement was reached. The dispute was referred
to the Labour Court on the 9th August, 1994. The Court
investigated the dispute on the 25th October, 1994.
UNION'S ARGUMENTS:
3. 1. Many employers in the trade have paid their workers the
3% increase with effect from August, 1993. The workers
concerned have given substantial co-operation to the
Company. They are entitled to the 3% increase.
2. The Company has made substantial ongoing savings as a
result of staff reductions whereby the number of
permanent drivers has been reduced from eight to three.
COMPANY'S ARGUMENTS:
4. 1. The Company is experiencing its most serious downturn in
business since its establishment in 1966. Much of its
custom has been lost to another competitor operating in
the same area under the Massey name.
2. The Clause 3 increase is only applicable having taken
into account the implications for the competitiveness of
the business. The number of funerals serviced by the
Company has been reduced substantially in recent years
and this trend continues into 1994.
3. The Company has paid all phases of the PESP and its
workers enjoy very good rates of pay. The Company
cannot afford to pay the 3% increase due to its
financial situation (details supplied to the Court).
RECOMMENDATION:
The Court recommends that the 3% increase be implemented with
effect from a current date. The Union and the Company should seek
agreement on an acceptable contribution to be made by the drivers
in respect of concession of the claim in accordance with the
provisions of the PESP.
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Signed on behalf of the Labour Court
1st 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.