FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOLA ADC LENSES LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Introduction of a new pay structure.
BACKGROUND:
2. The Company manufactures spectacle lenses at its plant in Wexford and employs 450 workers, the majority of whom are represented by SIPTU. In 1999, a substantial number of craft workers joined SIPTU and the Union is seeking to negotiate improvements in their pay and conditions. The Company declined to enter into discussions with the Union in respect of this category on the grounds that they hold staff status and that the craft workers pay and conditions are determined through the structures which are in place for all workers who are on staff.
The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 27th of April, 2000 but no agreement was reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 6th of June, 2000. A Court hearing was held in Wexford on the 21st of September, 2000.
UNION'S ARGUMENTS:
3. 1. The Union is seeking a clear and independent agreement for craft workers. It has a right to negotiate such under the existing works agreement. These workers have attained technical qualifications which the Union believes qualifies them not only for craft rate but for technician grade.
2. The general operative grade had a £35 per week bonus (£1,820 per annum) consolidated into basic pay in January, 1999 which was included in pension and shift. This should be applied to craft workers whose basic pay is now below that of the Construction Industry craft rate.
COMPANY'S ARGUMENTS:
4. 1. The craft workers enjoy very favourable pay based on an individual and an annual review of earnings and favourable conditions of employment. Their package compares very favourably to local competitors and is ahead of many companies in the area.
2. The Company has no objection to craft workers being represented on an individual basis by the Union.
3. If the craftsmen wish to have their pay and conditions negotiated through collective bargaining, the Company will agree to that but they would thereby be relinquishing their staff status and the conditions attaching thereto. Craft workers would not be allowed to carry over their staff conditions into an hourly paid collective bargaining process.
RECOMMENDATION:
Having given consideration to all aspects of this dispute, the Court recommends that the parties should get together to discuss all terms and conditions of employment of those craftsmen represented by the Union, including possible revision of existing terms and conditions , in the context of overall changes to be agreed. The Court recommends that this process should be completed by 31st January, 2001.
At the completion of the process, if there are any outstanding issues , they may be referred back to the Court for final adjudication.
Signed on behalf of the Labour Court
Caroline Jenkinson
4 October, 2000______________________
TOD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.