FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CARLISLE SECURITY LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Review of pay rates for 2002.
BACKGROUND:
2. The Company was established in 2001 as a result of the merger of Platinum Security Limited and Delta Security Limited.
Former employees of Platinum Security Limited were on a higher hourly rate of pay than former employees of Delta Security Limited. In January, 2002, the Company increased the rates by 4.8% and 4% respectively.
The dispute concerns a claim by the Union on behalf of fifty members for an increase of 8%. The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 22nd of January, 2002 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th of March, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The 8% increase is needed to bring the rates of pay of the workers concerned into line with the rates of pay in other similar security firms.
2. The increase is justified and should be paid from the 1st of February, 2002.
COMPANY'S ARGUMENTS:
4. 1. The Company is committed to the Joint Labour Committee agreement relevant to the Security industry. The pay increases implemented on the 1st of January, 2002, were per the agreement.
2. The rates of pay cannot be increased any further.
RECOMMENDATION:
The Court recommends that the 5.5% second phase of the PPF, together with the 2% under the revised terms of that agreement, should be paid from the due dates. These increases should be applied to the basic contract rate of each individual as it stood at the time the increases became due.
Signed on behalf of the Labour Court
Kevin Duffy
15th March, 2002______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.