FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001 PARTIES : JETWASH LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Union application under the Industrial Relations (Amendment) Act, 2001.
BACKGROUND:
2. The Company is involved in the manufacture of heavy duty, high powered washing equipment, the installation of agricultural and industrial plumbing and the design, manufacture and installation of equipment for pig housing and pig feeding. It currently employs forty-five workers at its plant in Carrigallen, Co. Leitrim.
On the 11th of July, 2001, both parties met with an Advisory Officer of the Labour Relations Commission and agreement was reached on the following issues:-
- Categories of employees
- Rates of pay
- Gradings of individual employees
The dispute before the Court concerns a claim by the Union that the Company failed to comply with the agreement reached on the 11th of July, 2001.
(i) It failed to implement the agreed rate to all employees covered by the agreed categories of workers. The additional €12.70 over and above the National Wage Agreement for application before the end of 2001 has not been complied with.
(ii) The agreement on the application of the craft rate to named individuals on the production of the necessary papers where their duties were commensurate with craft duties has not been complied with.
The Company states that it has fully honoured its commitment under the terms of the agreement reached on the 11th of July, 2001.
The dispute was referred to the Labour Court in accordance with Section 2 of the Industrial Relations (Amendment) Act, 2001. A Labour Court hearing took place on the 6th of February, 2002.
RECOMMENDATION:
The Court has considered carefully the position of both sides. The parties have been through the procedures of the Advisory Service of the Labour Relations Commission concerning a dispute referred under the Industrial Relations Act, 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order, 2000 S.I. No. 145 of 2000. The process put in place under this Code of Practice requires management and Unions to fully co-operate in seeking to resolve issues in dispute effectively and expeditiously.
This case has been referred to the Labour Court under Section 2 of the Industrial Relations (Amendment) Act, 2001 (The Act) as the Union is of the opinion that the Company has failed to observe the Provisions of Section 2(1)(b) of the Act in good faith. Both parties confirmed that all other requirements of Section 2(1) had been complied with. The only consideration for the Court was, therefore, Section 2(1)(b) which states that the Court may investigate a trade dispute where it is satisfied that:-
- the employer has failed to observe a provision of the Code of Practice on Voluntary Dispute Resolution under Section 42 of the Industrial Relations Act, 1990 (or any code of practice amending or replacing that code), or has failed to observe such a provision in good faith,
Accordingly, under Section 2 of the Act, the Court can proceed to deal with the issues raised by the Union.
There are three areas where the Union believes that the Company failed to comply with the agreement reached on the 11th of July, 2001:-
1. The Company has not implemented the agreed rate to all employees covered by the agreed categories of workers;
2. The additional €12.70 over and above the National Wage Agreement for application before the end of 2001 has not been implemented;
3. And the agreement on the application of the craft rate to named individuals on the production of the necessary papers where their duties were commensurate with craft duties has not been complied with.
The Court has considered each of these matters and recommends as follows under Section 5 of the Act:-
- There was no reference to a probationary rate of pay for up to 14 months in the agreement reached. The agreed rates for unskilled workers should apply from the commencement date of employment, while the rate for semi-skilled workers should apply after 12 months.
- Included in the agreement of the 11th of July, 2001, was a commitment to review the possibility of adding an extra €12.70 to the pay of each of the categories (over and above the National Wage Agreement before the end of 2001). The Court is satisfied that such a commitment has not been honoured, the Company did not communicate with the workforce on this review. The Court is satisfied that included in the acceptance of the 11th of July, 2001, proposals was an expectation that a payment over and above the National Wage Agreements would be made. Therefore, the Court directs that immediate discussion on this review should now take place, between the parties, under the auspices of the Advisory Service, if deemed necessary.
- The Court notes that one worker has produced his craft papers to management. However, the Court notes that the Company indicated that it does not have a requirement for craft skilled welders, therefore, the application of the Skilled non-craft rates to this category of worker is, in the Court’s view, appropriate.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th March, 2002______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.