FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SHEET METAL MANUFACTURERS ASSOCIATION (SMA) (REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION) - AND - NATIONAL UNION OF SHEET METAL WORKERS OF IRELAND DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Pay increase.
BACKGROUND:
2. The members of the National Union of Sheet Metal Workers of Ireland employed in the Construction Industry are seeking an increase in rates of pay and conditions that are comparable to other craftspersons employed in the same industry. The workers are employed by the Sheetmetal Manufactures Association represented by the Construction Industry Federation. There are 16 companies in the association and they employ approximately 600 sheetmetal workers.
The claim is for the basic rate of pay to increase to €16.67 inclusive of the Programme for Prosperity and Fairness. Members of the SMA in the main manufacture sheetmetal products for the construction industry and the domestic market. They also install these products on construction sites and in domestic buildings. They are primarily owner managed, small to medium size enterprises and employ in the region of 50 workers each. They are domestic sub-contractors and operate under fixed price contracts.
The dispute was the subject of two conciliation conferences under the auspices of the Labour Relations Commission. Both sides recommended proposals for productivity based increases, which, including P.P.F. would have given an hourly rate of €15.62 on the 1st of April, 2003. The agreement was to expire on the 31st of December, 2003, and included safety related items and a sub-committee to consider use of equipment by non-craft grades and the rates for apprentices. The proposals were rejected by the union members.
As no agreement could be reached, the matter was referred to the Labour Court on the 11th of December, 2001. A Labour Court hearing took place on the 13th of February, 2002.
UNION'S ARGUMENTS:
3. 1. Some members of the SMA are not paying any travel or allowance to their employees on annual leave.
2. Sheetmetal workers are highly versatile and skilled and have had to adapt to ongoing changes that are applicable to the industry on an ongoing basis and should be rewarded accordingly.
3. All the workers are seeking is to be treated with some honesty and dignity that reflects their skills.
COMPANY'S ARGUMENTS:
4. 1. Since July, 1999, sheetmetal workers have received increases of over 38%. The increase sought is 22% over and above the increases agreed in the Programme for Prosperity and Fairness.
2. None of the parties involved in this claim are covered by the registered agreement for the construction industry.
3. Clients are not only offering less for construction work, some are seeking to reduce the price paid of work already agreed. There has been a downturn in the economy in the last year and some SMA firms have laid off workers.
RECOMMENDATION:
Having carefully considered the submission of the parties, the Court recommends that the proposals developed in conciliation should now be modified so as to provide that the termination date of the proposed agreement be brought forward to the 30th of September, 2003.
The parties should now put the proposal as modified to their respective members for acceptance.
Signed on behalf of the Labour Court
Kevin Duffy
27th February, 2002______________________
HMCD/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.