FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BANK OF IRELAND - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation IR903/99/GF.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union concerning an underpayment of wages due to its members from 1980 to 1999, under an Analogue Agreement operating since 1980. Prior to 1980, wages were negotiated through a Company Agreement. From 1980, this Agreement included an annual review of wages in companies covered by the Analogue Agreement.
In 1999, an agreement was reached between the Bank and the Union on improved pension arrangements. Under this new agreement a 2.5% contribution is required from the employees and they have the option to backfund for enhanced benefits for past service from 1977. The Union states that the Analogue Review did not include this contribution. The Bank rejects the Union's claim.
The issue could not be resolved at local level and was referred to a Rights Commissioner for investigation. His recommendation issued on the 8th of March, 2000, as follows:-
"Based on the evidence to hand I can only come to the conclusion that it would be inadvisable to interfere with this proposed agreement and for that reason I am finding in favour of the Bank of Ireland, and recommending that the craft workers accept the proposals."
The Union appealed the recommendation to the Labour Court, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 3rd of May, 2000, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. No other staff in the Bank are covered by the Analogue Agreement, therefore there will be no knock-on effects.
2. Loss of pay is not being sought for any employee who does not wish to pay the backfunding.
3. The Union is claiming compensation for the workers concerned for loss of wages under the Analogue from 1980 to 1999.
BANK'S ARGUMENTS:
4. 1. The last Analogue Review was carried out in 1992.
2. Backfunding is optional. There is no obligation to backfund and an employee may choose not to backfund.
3. The improved pension arrangements offer significant benefits to the workers concerned without the necessity to backfund.
4. The Union's request for further enhancements to the backfunding arrangements cannot be conceded.
DECISION:
The Court, having considered the written and oral submissions made by the parties, upholds Rights Commissioner's recommendation in favour of the Company and rejects the Union's appeal.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
15th May, 2000______________________
GB/CCChairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.