FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001 PARTIES : MARBLE & GRANITE SUPPLIES LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Referral under Section 2(1) of the Industrial Relations (Amendment) Act, 2001.
BACKGROUND:
2. The Company imports marble and granite stone for distribution to kitchen and fireplace companies. There are 40 people employed with the Company in the following categories: production, warehouse/distribution, office/administration, sales surveyors/fitters. The Union represents approximately 10 workers in the production area.
The Union requests the Labour Court to support their claim on behalf of their members employed by the Company for their rights to representation, and improved pay and conditions of employment.
The Company states that it is satisfied that any issues raised by both employees and the Union in correspondence have been dealt with to the satisfaction of those involved. The Company has continued to operate an open door policy combined with formal weekly and monthly communication meetings.
The Company recognises the individual rights of its employees to join a trade union and also accepts under the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) the right of the individual to trade union representation when necessary. The Company is currently in the process of reviewing its disciplinary and grievance procedures. The Company enjoys a positive relationship with it's workforce. The Company is not amendable to negotiating collectively in relation to terms and conditions of employment.
The dispute was referred to the Labour Court in accordance with Section 2(1) of the Industrial Relations (Amendment) Act, 2001. A Labour Court hearing took place on the 23rd October, 2003.
RECOMMENDATION:
This dispute was referred to the Court pursuant to Section 2(1) of the Industrial Relations (Amendment) Act, 2001 (the Act). The Court is satisfied that the conditions specified at Section 2(1)(a) to 2(1)(d) of the Act are fulfilled in this case and that the dispute is properly before the Court for investigation and recommendation.
The Court accepts that the procedures set out in the Code of Practice on Voluntary Dispute Resolution are, by definition, non-binding on parties. However, the Court finds it regrettable that the employer declined an invitation from the Labour Relations Commission to process the dispute through those procedures.
Section 5(2) of the Act provides that a recommendation made by the Court shall not provide for arrangements for collective bargaining. Subject only to that restriction the Court is required to give its opinion on the matter under investigation and, where appropriate, its views as to the action which should be taken having regard to the terms and conditions of employment, and to the dispute resolution and disciplinary procedures, in the employment concerned.
Union Case:
The Union sought “to win the sympathy of the Labour Court in support of our efforts on behalf of nine remaining members employed by Marble and Granite Supplies, for their right to representation, and, improved pay and conditions of employment”.
The Union acknowledged that the Company has tackled a lot of the issues that motivated their staff to seek SIPTU membership in the first place. There was a residue of outstanding matters.
The Union requested the Court to find that “the Company must allow staff access to the Trade Union Official and be represented by him or her when appropriate”. The Company should also be required to review pay and conditions either annually, or, in line with National Agreements, or at other agreed intervals.
The Company should be ordered to comply with regulations and best practice in the area of Health and Safety into the future.
Company Case:
The Company is satisfied that any issues raised by both the employees and the Union in correspondence have been dealt with to the satisfaction of the employees involved.
The Company has a practice of conducting a pay review in April of each year. This pay review takes into account National Wage Agreements, inflation and the Company’s performance.
The Company recognise the individual right of its employees to join a Trade Union and also accepts under the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000) the right of an individual to Trade Union representation where an employee wishes to avail of such representation. The Company is currently in the process of reviewing its disciplinary and grievance procedures.
The Company is not amenable to negotiating collectively in relation to terms and conditions of employment.
Pay and Conditions:
The Court recommends that the parties establish how pay reviews and the rates of pay and conditions, compare with comparable employments. Insufficient information, on which the Court could make a decision, was supplied by the parties.
Grievance Procedure:
The Court notes the Company is in the process of reviewing its disciplinary and grievance procedures. The Court recommends that this be completed as a matter of urgency and it should conform to the general provisions of the Code of Practice on Grievance and Disciplinary Procedures.
The procedures should provide for Trade Union representation in individual cases of grievance and disciplinary matters, if requested by an employee. The procedures should provide for the use of the State dispute resolution machinery as appropriate.
Health and Safety:
The Union has requested the Court to order the Company to comply with regulations and best practice in the area of Health and Safety into the future. However, no specific issues have been identified. The Court would expect that issues relating to the Health and Safety of all employees would be of concern to both parties in this referral.
Signed on behalf of the Labour Court
Finbarr Flood
9th December, 2003______________________
JB/Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.