FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TESCO IRELAND LIMITED - AND - MANDATE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Issues arising from LCR No. 16757.
BACKGROUND:
2. The Court investigated this dispute on Wednesday 27th June 2001 in Dublin and on Wednesday 4th July 2001 in Sligo. The following is the Court's recommendation .
RECOMMENDATION:
The Court has considered the position of the parties as outlined to it in their written and oral presentations. Having explored those positions further with the parties in both joint and side sessions and having established their priorities, the Court recommends that the dispute be resolved on the following basis:
Business Change
The Unions should reaffirm their commitments to business change and flexibility contained in all previous agreements. In particular, and as an immediate measure, the Union representatives and management should take such steps as are necessary to resolve the outstanding business change issues which were referred to by the Company in the course of the hearings.
All future business change issues should be resolved in the spirit of the 1999 Agreement as reaffirmed in line with this Recommendation.
Pay
The current pay scales should be replaced by a single company-wide scale as follows:
Per Hour
Under 18 £4.11 (5.22 Euros)To be abolished with effect from 1st March 2002.
Point 1 £5.14 (6.53 Euros)
Point 2 £5.40 (6.86 Euros)
Point 3 £6.03 (7.66 Euros)
Point 4 £6.48 (8.23 Euros)
Point 5 £7.52 (9.55 Euros)
Long Service Increment 1 - To apply to those employees with seven years' service and who have reached the top of the scale.
£7.60 (9.65 Euros)
Long Service Increment 2 - To apply to those employees with ten years' service and who have reached the top of the scale.
£7.82 (9.93 Euros)
The rates set out above are inclusive of the first phase of the Programme for Prosperity and Fairness and the special 2% adjustment of that Agreement. They are exclusive of all other phases, whether falling due before or after acceptance of this recommendation.
Differentials
Differentials as they currently apply should be maintained.
Cost Stabilisation
The terms of this recommendation are intended to dispose of all the claims which formed the subject matter of LCR16757. It should be accepted that the implementation of this recommendation will not give rise to any further consequential or other cost - increasing claims other than those outstanding under the Programme for Prosperity and Fairness. No such claims should be made or processed during the currency of the Programme for Prosperity and Fairness.
Interpretation
The parties should conclude a formal agreement incorporating the terms of this recommendation. Should any dispute arise as to the interpretation of any aspect of that agreement, the parties should attempt to resolve the dispute locally in the first instance. If the dispute cannot be resolved locally, it should be jointly referred to the Court for final adjudication.
Date of Implementation
The adjustments proposed in this recommendation should take effect on the date of acceptance.
Industrial Action
All forms of industrial action notified to the Company should be deferred until a Union ballot on this recommendation is completed.
Signed on behalf of the Labour Court
Kevin Duffy
5th July, 2001______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.