Labour Court Database __________________________________________________________________________________ File Number: CD93641 Case Number: LCR14317 Section / Act: S26(1) Parties: CORAS IOMPAIR EIREANN - and - TRANSPORT SALARIED STAFFS' ASSOCIATION |
Dispute concerning the payment of graded executives' salaries on a weekly basis.
Recommendation:
Having considered the submissions of the parties the Court
recommends that the Union accept the Company's proposal that all
persons joining the Company as executives in future will be paid
monthly.
Division: Mr Heffernan Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93641 RECOMMENDATION NO. LCR14317
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: CORAS IOMPAIR EIREANN
AND
TRANSPORT SALARIED STAFFS' ASSOCIATION
SUBJECT:
1. Dispute concerning the payment of graded executives' salaries
on a weekly basis.
BACKGROUND:
2. In 1979, the parties concluded an agreement concerning the
payment of graded executives, i.e. that they would have the option
of being paid weekly or monthly. In February, 1989, the Company
wrote to the Union on the issue of payment of salaries by credit
transfer. The Company proposed, inter alia, that staff
subsequently promoted or recruited to the executive grades would,
in future, "be paid monthly direct to bank accounts". As the
Union did not object to the proposal to pay those subsequently
appointed to executive grades on a monthly basis, the Company
introduced the revised arrangements.
In July, 1991, the Union raised the issue of monthly payment of
graded executives and maintained that the Company was in breach of
the 1979 agreement. The Union is seeking the option of weekly or
monthly payment for the workers concerned.
The Company would not agree to revert to the arrangements which
applied before 1989. The dispute was referred to the Labour
Relations Commission and conciliation conferences were held in
July, 1992 and September, 1993, at which agreement was not
reached. The dispute was referred to the Labour Court, on the 9th
of November, 1993, in accordance with section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute on the 11th of January, 1994, the earliest date convenient
to both parties.
UNION'S ARGUMENTS:
3. 1. The Company has refused to effect the terms of a
documented agreement between the parties, whereby executive
grade staff may be paid on a weekly basis.
2. The Company merely "proposed" that future graded
executives would be paid monthly. The proposal was not
discussed or agreed to in so far as the discontinuation of
the weekly salary payment is concerned.
COMPANY'S ARGUMENTS:
4. 1. All executive staff should be paid on a monthly basis in
line with public and private sector norms. The Company is
within its rights in applying a monthly payment system to
those joining it as executives, whether from within the
organisation or from external sources.
2. The Union did not object to the introduction of monthly
pay when it was proposed by the Company.
RECOMMENDATION:
Having considered the submissions of the parties the Court
recommends that the Union accept the Company's proposal that all
persons joining the Company as executives in future will be paid
monthly.
~
Signed on behalf of the Labour Court
14th January, 1994. Kevin Heffernan
M.K./A.L. _______________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.