LCR15847

SUBJECT:
1. Final phase of PCW.





BACKGROUND:

2. The dispute concerns the Union's claim that the Company has not paid the final phase of the Programme for Competitiveness and Work (PCW). The Union first wrote to the Company on the 30th of September, 1996, claiming that not all phases of the PCW had been paid. The Company replied by letter on the 12th of March, 1997, stating that phase 3(a) 2.5% was paid on the 1st of December, 1996, phase 3(b) 1% would be paid on the 1st of June, 1997, and that phase 1 of Partnership 2000, 2.5% would be paid on the 1st of December, 1997. The Union replied that it was unhappy with the Company's reply and that the dates of payment had altered from that which pertained to the cinema and theatre industry in general.

The dispute was referred to a conciliation conference but no progress was made. The conference was adjourned and the Company was asked to examine its records. The Company admits that its records are not up to date, and that complete records for the period in question are not available.

On the 5th of December, 1997, the Company made an offer which the Union initially accepted but, later realising that it was the same offer as on the 12th of March, 1997, rejected it. The dispute was again referred to the Labour Court in accordance with Section 26(1) of the Industrial relations Act, 1990, on the 6th of February, 1998. A Labour Court hearing took place on the 2nd of April, 1998.






UNION'S ARGUMENTS:

3. 1. Since the advent of the centralised national agreements, December has been the common application date in the cinema and theatre industry. There has been no agreement made with any employer to alter that date. The workers did not receive the final phase of the PCW when it was due and the Company cannot prove from its records that it was paid. The Company appeared to hope that the workers would simply not notice that the money was not paid.



COMPANY'S ARGUMENTS:

4. 1. The deal offered by the Company on the 5th of December, 1997 (the same as that of the 12th of March, 1997) was made in good faith on the understanding that it would be accepted by the workers. The Company has been through a number of changes in the last few years and, as a result, the complete records for the period are not available. However, the Company does believe that it has paid all phases of the national agreements to date.





RECOMMENDATION:

The Court, having considered the written and oral submissions, accepts the Union argument that the increase was due from December, 1995.

The Court, therefore, recommends that the employer make good the retrospection but that the parties meet to agree how this will be paid.



Signed on behalf of the Labour Court



Finbarr Flood
17th April, 1998______________________
C.O'N./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.