FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : I.J.M. TIMBERFRAME - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Agreement on bonus scheme.
BACKGROUND:
2. The Company produce timber frame houses for the housing market. The Union claims that prior to January, 2001, its members were in receipt of a production bonus payment as part of their conditions of employment. The bonus payment was an essential part of an agreement between the Company and the Union and provided for rates of pay that benefited both the workers and the Company through increased production.
The Union states that on the 10th of January, 2001, management informed the Union that it was terminating the bonus scheme.
The Union referred the dispute to the Labour Court on the 19th of February, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. The Court heard the dispute on the 11th April, 2003.
The Company indicated by letter that it would not be attending the Court hearing.
UNION'S ARGUMENTS:
3. 1. The bonus scheme was an essential part of the workers' conditions of employment.
2. Management withdrew the bonus scheme from the workers without any consultation or agreement with the Union.
3. The bonus scheme had assisted the Company in increasing productivity at a time when it was under pressure to meet a growing demand.
4. The Court is asked for a recommendation that will acknowledge that the Company was wrong to withdraw the bonus scheme without agreement and that the issues should have been referred to a third party before any changes were made to the scheme.
RECOMMENDATION:
A representative of the company did not attend the hearing, however a written statement setting out its position was furnished to the Court. In the absence of any contrary evidence the Court recommends that the company agree to negotiate with the Union any changes that might be necessary to vary the terms of the bonus scheme, to suit present contract demands, using third party machinery if necessary.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd April, 2003______________________
LW/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.