Labour Court Database __________________________________________________________________________________ File Number: CD95303 Case Number: LCR14858 Section / Act: S26(1) Parties: ARTHUR GUINNESS SONS AND COMPANY LTD - and - TECHNICAL ENGINEERING AND ELECTRICAL UNION;AMALGAMATED ENGINEERING AND ELECTRICAL UNION |
Investigation arising out of Labour Court Recommendation No. LCR14603.
Recommendation:
In its previous Recommendations LCR14333, LCR14334 and LCR14603
and clarifications on this issue, the Court has clearly recognised
the legitimacy of the Unions' objective as outlined in their
claim. However, the Court has found that the claim is not
appropriate to be conceded within the context of C.C.P. and has
recommended that the Unions accept the offer made by the Company
and address the issue within the discussions on Plan 2000.
Accordingly, to facilitate the resolution of the claim and the
finalisation of the discussions on Plan 2000, the Court recommends
that the discussions on Plan 2000 be completed and that as part of
these discussions a review of the grade 1 be carried out.
The review to include all employees covered by the grade and to be
undertaken by a third party jointly agreed by the parties.
In the interests of developing and maintaining good industrial
relations the Court recommends that the parties complete the
discussions on Plan 2000 including negotiations on the outcome of
the review as expeditiously as
possible.
Division: Mr McGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95303 RECOMMENDATION NO. LCR14858
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ARTHUR GUINNESS SONS AND COMPANY LTD
AND
TECHNICAL ENGINEERING AND ELECTRICAL UNION
AMALGAMATED ENGINEERING AND ELECTRICAL UNION
SUBJECT:
1. Investigation arising out of Labour Court Recommendation No.
LCR14603.
BACKGROUND:
2. 1. The Court issued LCR14603 as follows on 9th November,
1994.
"The Court has fully considered all of the issues
raised by the parties in their oral and written
submissions, together with the previous Labour Court
Recommendations (LCR14333 and LCR14334) and the
clarification of those Recommendations.
As a basis of resolving the issue, the Court makes
the following Recommendations:-
1. That the negotiations regarding the group
amendment to the 1966 agreement be concluded by
the parties as expeditiously as possible;
2. Given that the Court, in LCR14333 and LCR14334
and subsequent clarification of the
Recommendations, clearly acknowledged the
legitimacy of the Unions' objective as outlined
in their claim, the Court recommends that the
parties immediately enter the negotiations
recommended by the court in its recommendations,
and in the course of those negotiations, address
the Unions' claim with a view to finding a
suitable basis to resolve the matter.
These negotiations to be completed as quickly as
possible but in any event within a six month
period from the date of this recommendation.
3. In the event that the parties are unable to
finalise an agreement, the specific issue which
is holding up that agreement may be referred to
the Court, which will, if it considers it would
be of help to the parties issue a recommendation
on that issue alone.
4. That the strike notice which is currently in
abeyance be withdrawn."
2. On 9th May, 1995 the parties sought a further Labour
Court investigation to consider an issue on which they
were unable to finalise an agreement. The Court
investigated the issue on 9th June, 1995.
RECOMMENDATION:
In its previous Recommendations LCR14333, LCR14334 and LCR14603
and clarifications on this issue, the Court has clearly recognised
the legitimacy of the Unions' objective as outlined in their
claim. However, the Court has found that the claim is not
appropriate to be conceded within the context of C.C.P. and has
recommended that the Unions accept the offer made by the Company
and address the issue within the discussions on Plan 2000.
Accordingly, to facilitate the resolution of the claim and the
finalisation of the discussions on Plan 2000, the Court recommends
that the discussions on Plan 2000 be completed and that as part of
these discussions a review of the grade 1 be carried out.
The review to include all employees covered by the grade and to be
undertaken by a third party jointly agreed by the parties.
In the interests of developing and maintaining good industrial
relations the Court recommends that the parties complete the
discussions on Plan 2000 including negotiations on the outcome of
the review as expeditiously as
possible.
~
Signed on behalf of the Labour Court
3rd August, 1995 Tom McGrath
J.F./D.T. ----------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.