FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PIRANNAH FREIGHT LIMITED T/A INTERLINK EXPRESS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Payrates, overtime rates, shift allowance, Union recognition.
BACKGROUND:
2. The Company operates a freight distribution business from its premises at Dock Road, Limerick. The issues before the Court relates to (i) pay rates, (ii) overtime rates, (iii) shift allowance (iv) Union recognition.
The issues could not be resolved at local level and were referred to the Labour Court on the 20th of May, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 15th of October, 2003, the earliest date suitable to the parties.
The Union agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1.Pay Rates:
The terms of the Programme for Prosperity and Fairness were not applied and should now be applied in full.
2.Overtime Rates:
A proper overtime system does not exist in the Company. Normal overtime rates should be applied.
3.Shift Allowance:
A standard shift allowance of between 17% to 20% which is common across the industry should apply.
4.Union Recognition:
The majority of staff are members of the Union. The Union should be recognised by the Company to enable it to negotiate on behalf of its members.
COMPANY'S ARGUMENTS:
4. 1.Pay Rates:
Due to the huge costs incurred, the Company is unable to review the rates of pay. All staff are fully aware of the situation.
2.Overtime Rates:
Overtime rates are currently being reviewed.
3.Shift Allowance:
It was made clear to all staff on commencement of their employment that a shift allowance is something not offered by the Company due to the nature of the business.
4.Union Recognition:
The Company does not wish to recognise the Union. Management is available at all times to talk to staff on a one to one or collective basis regarding any issues they may wish to discuss.
RECOMMENDATION:
Having considered the submissions of both sides, the Court recommends that the Company should recognise the Union's right to negotiate on behalf of those employees
in its membership on Industrial Relations matters, including those items which were the subject of this hearing. On the issue of pay, the Court recommends that the parties should meet to discuss appropriate phasing of the terms of the Programme for Prosperity and Fairness.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd November, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.