FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH DISTILLERS (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. (1) Plus Pay.
(2) Pension Scheme.
BACKGROUND:
2. The above issues were the subject of local negotiations and of conciliation conferences under the auspices of the Labour Relations Commission. As agreement could not be reached the issues were referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 14th of January, 1998, at which it was agreed that the Court would make a recommendation on the issue of plus pay only. Both parties made written submissions to the Court.
RECOMMENDATION:
The Court acknowledges that cogent reasons have been put forward by the Company as to why it believes that plus pay is no longer appropriate in the case of new employees. This payment is, however, a long standing element of the pay structure agreed between the parties.
While no agreement can be regarded as immutable for all time, the Court believes that, where there is a requirement for change, the first approach should be to seek its introduction by negotiation and agreement and, if necessary, by utilising normal dispute settling machinery. It is regrettable that in this case earlier efforts were not made through that process to reach formal and clear agreement on the future application of this payment.
Against that background, the Court accepts that the 5 members of staff involved with this claim are entitled to plus pay within the terms of the Company/Union agreement. Unless alternative arrangements are agreed between the parties, they should receive this payment with appropriate arrears.
It is noted that earlier negotiations aimed at regularising the present position have taken place in conjunction with a number of other items on which final agreement has not been reached. The Court, therefore, recommends that the parties should recommence negotiations, at the earliest possible date, with a view to concluding a composite agreement on all outstanding issues.
Signed on behalf of the Labour Court
Kevin Duffy
20th February, 1998______________________
D.G./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.