Labour Court Database __________________________________________________________________________________ File Number: CD94412 Case Number: LCR14633 Section / Act: S26(1) Parties: T. STAFFORD AND SONS LTD. - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for the implementation of Clause 3 of the Programme for Economic and Social Progress (PESP).
Recommendation:
The Court recommends payment of the 3% increase, subject to the
drivers making an acceptable contribution to offset increased
costs to the Company.
The parties should meet with immediate effect to resolve this
issue.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94412 RECOMMENDATION NO. LCR14633
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
T. STAFFORD AND SONS LTD.
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for the implementation of Clause 3 of the Programme for
Economic and Social Progress (PESP).
BACKGROUND:
2. The Company is engaged in the undertaking business and
employs seven workers at North Strand, Dublin. The claim is
on behalf of two drivers who are seeking a 3% pay-increase
under Clause 3 (local bargaining) of the PESP. Having
initially pleaded inability to pay the increase, the Company
subsequently sought various 'flexibilities' in return for
concession of the claim, including the resumption by the
drivers of "morgue call-out" (the collection and transfer of
remains from the Dublin City Morgue). The drivers had
co-operated in this work for a number of years, up to two
years ago. The Union indicated its preparedness to consider
any quid pro quo apart from the resumption of morgue
call-out, which the workers had ceased to carry out due to
the unsocial hours and unsavoury nature of the work.
The dispute was the subject of two conciliation conferences
under the auspices of the Labour Relations Commission, at
which agreement was not reached. The dispute was referred to
the Labour Court, on the 9th of August,1994, in accordance
with Section 26(1) of the Industrial Relations Act, 1990.
The Court investigated the dispute on the 7th December, 1994,
the earliest date convenient to both parties.
UNION'S ARGUMENTS:
3. 1. Business has increased from 1993 to 1994 and staff
numbers have decreased from 7 to 2 in recent years. The
number of funerals carried out from January, 1993 to
September, 1994 (176) has increased to 234 from January,
1994 to September, 1994.
2. The majority of other companies have paid the increase
(details supplied to the Court) without seeking
concessions, with one minor exception.
3. Decrease in the lunch-allowance will not be conceded as
the allowance is the subject of a Trade Agreement.
COMPANY'S ARGUMENTS:
4. 1. The local bargaining clause of the PESP provides an
opportunity whereby improved competitiveness could be
effected by changes to certain work-practices. The
Company, which has paid all the phases of the PESP and
the first phase of the PCW would consider the payment of
the some element of the 3% in return for concessions in
relation to lunch-allowances or "morgue call-out".
2. The Company has lost business over the past few years
and is in a difficult competitive position. Other
undertakers have emerged who offer an alternative, low-
cost service, with staff employed at rates below normal.
RECOMMENDATION:
The Court recommends payment of the 3% increase, subject to the
drivers making an acceptable contribution to offset increased
costs to the Company.
The parties should meet with immediate effect to resolve this
issue.
~
Signed on behalf of the Labour Court
16th December, 1994 Finbarr Flood
M.K./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.