Labour Court Database __________________________________________________________________________________ File Number: CD94341 Case Number: LCR14634 Section / Act: S26(1) Parties: BARFORD MEATS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Re-hearing arising from Labour Court Recommendation No. 14407.
Recommendation:
The Court having considered all of the views expressed by the
parties recommends that the Company pay an increase of #2.00 per
week with effect from 26th April, 1994 together with an additional
days leave in 1994/'95 subject to the elimination of 7 minutes
Friday afternoon break and no smoking within the factory.
The Court so recommends.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94341 RECOMMENDATION NO. LCR14634
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. Re-hearing arising from Labour Court Recommendation No.
14407.
BACKGROUND:
2. In January 1993 the Union's claim, on behalf of 45 workers,
for the 3% increase under Clause 3 of the P.E.S.P. was the
subject of a Labour Court investigation and recommendation.
In LCR 14407 which was issued in April 1994 the Court
recommended as follows:-
"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 the parties seek to reach an
agreement within a period of four weeks of the date of
issue of this recommendation. In the event that the
parties are unable to agree the Court will review the
progress of negotiations and issue a definitive
recommendation".
The parties engaged in further discussions in June, 1994.
The Company offered a pay increase of #1.25 p.w. from the
date of the agreement with an additional day's leave in
1994/'95, in return for:
(1) elimination of the 7 minutes Friday afternoon break;
(2) no smoking in the factory.
The offer was rejected by the Union and the dispute was
referred to the Labour Court on the 16th June, 1994. The
Court investigated the dispute in Dundalk on the 15th
November, 1994.
UNION'S ARGUMENTS:
3. 1. The 3% increase under Clause 3 of the P.E.S.P. has been
conceded by many employers in the industry.
2. The Union has sought to negotiate meaningfully and
constructively but the Company's offer is derisory. The
workers concerned are entitled, in all equity, to a
significant increase in excess of what the Company has
offered. The Union is also seeking a reasonable element
of retrospection.
COMPANY'S ARGUMENTS:
4. 1. The Company cannot be considered as 'exceptional' within
the parameters of Clause 3 of the P.E.S.P.
2. The economic and commercial circumstances of the Beef
Processing Industry and the Company's position within
the industry preclude any increase under Clause 3.
3. The Company's offer is generous considering its
financial and economic position.
RECOMMENDATION:
The Court having considered all of the views expressed by the
parties recommends that the Company pay an increase of #2.00 per
week with effect from 26th April, 1994 together with an additional
days leave in 1994/'95 subject to the elimination of 7 minutes
Friday afternoon break and no smoking within the factory.
The Court so recommends.
~
Signed on behalf of the Labour Court
19th December, 1994 Tom McGrath
T.O'D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.