FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GOODE CONCRETE LIMITED - AND - AGEMO TRADE GROUP DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr. Somers |
1. 1. Rates of pay. 2. Overtime. 3. Health and Safety / Canteen facilities. 4.Inclusion of overtime in holidays. 5. Disciplinary and Grievance procedures. 6. Dismissed employees.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of approximately 40 employees of the Company at various locations throughout the country.
There are six issues in dispute.
1. Rates of pay.
2. Overtime
3. Health & Safety / Canteen facilities.
4. Inclusion of overtime in holidays.
5. Disciplinary and grievance procedures.
6. Dismissed employees.
Rates of pay.
Workers are paid a flat hourly rate not just for a 39-hour week, but for anything from 60-65 plus hours a week. The rate per hour is paid irrespective of the number of hours worked.
Overtime.
Overtime rates should be implemented in terms of time and a half and double time as appropriate.
Health and Safety / Canteen facilities.
The Company should be made aware of the Safety and Welfare at Work Act, 1989 and of their obligations to provide a safe system of work, safe competent co-workers, a safe place to work and safe equipment to work with. The Company, which is a major operator and player in the concrete manufacturing business, should provide proper canteen facilities which are staffed and maintained in a hygienic condition, where employees can get tea, coffee, food served or available for purchase. This would enable drivers who are on a quick turnaround to avail of a break.
Inclusion of overtime in holidays.
Most of the members are paid an average wage when going on holiday which is calculated on the basic 39-hour week. The Union is requesting that wages be calculated over a 13 week period, or if desirable, a somewhat longer period can be agreed. The average to include all hours worked during the agreed period.
Disciplinary and grievance procedures.
Disciplinary procedures should be drawn up and agreed.
Dismissed employees.
In January, 2004 a dispute arose with a driver who was requested to drive an articulated truck for which he did not have a licence. The driver refused and was dismissed. He placed a picket on the Company's premises and was joined by two of his colleagues when they became aware of what had happened. A termination agreement was later reached but the disciplinary procedures were not followed.
The issues were referred to the Labour Court on the 18th of March, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd of June, 2004.
The Union agreed to be bound by the Court's recommendation.
The Company did not make a submission to the Court and did not attend the hearing.
UNION'S ARGUMENTS:
3.Rates of pay
1. The Company should have a proper wage structure which takes account of increases awarded through national pay agreements.
Overtime
2. Comparative employments in the concrete industry pay time and a half and double time. The Union is seeking to have overtime paid at the appropriate rate, time and a half and double time and that basic wages would have an element of service pay built in.
Health & Safety / Canteen facilities
3. The Company should provide a proper, staffed canteen which is maintained in a hygienic manner and will enable drivers, who have a quick turnaround time, to take a break without undue delay.
. The Company and the workers should be made more aware of the Safety at Work Act, 1989, and the obligations arising out of this Act. The workers should be provided with personal protective equipment and clothing.
Inclusion of overtime in holidays.
4. Currently members' holiday pay is calculated on average earnings based on the 39-hour week. The Union are seeking to have holiday pay averaged on total hours worked over a specified period of time e.g.13 weeks.
Disciplinary and Grievance Procedures.
5.The Company, who have no grievance procedure in place, did not make any effort to administer justice and fairness towards the workers who were dismissed.
Dismissed employees.
6. One employee was dismissed for refusing to drive a vehicle for which he did not have a licence. Two other employees were dismissed following their support of a worker on a picket of the workplace. The Union endeavoured to have the matter resolved through the Labour Relations Commission without success.
RECOMMENDATION:
The employer did not participate in the investigation and the recommendations which follow are based on the uncontradicted submissions of the Union. Whilst recognising that the employer was not obliged to attend the hearing the Court considers it regrettable that they did not avail of the opportunity to attend and put their position on these issues before the Court.
General.
The Union told the Court that it represents approximately 40 employees of the Company. There are clearly significant issues of an industrial relations nature at issue between the parties which should be addressed in negotiation either directly or by using the services of the Labour Relations Commission. It is the Court's view that the parties should engage with each other with a view to addressing all outstanding issues, including the matters dealt with in this recommendation. Thereafter the parties should conclude a framework agreement within which future industrial relations issues should be addressed and resolved.
Rates of Pay.
There is insufficient information before the Court on which it could make a definitive recommendation at this time of the adequacy or otherwise of the current rates applicable to those associated with this claim. The parties should, however, meet to discuss the Union's claim. The terms of Sustaining Progress (and those of any other outstanding national agreement) should also be paid in full.
Overtime Rates.
The overtime rates claimed by the Union are not unreasonable and should be conceded.
Health and Safety / Canteen Facilities.
The Company should comply fully with all obligations arising from the Safety and Welfare at Work Act 1989 and the statutory regulations made under the Act. The Company should also provide proper canteen facilities for the taking of meals by employees and such facilities should be maintained in a hygienic condition at all times. Breaks should be provided in accordance with the terms of the Organisation of Working Time Act 1997.
Inclusion of overtime in Holidays.
Regular rostered overtime should be reckonable for the purposes of calculating pay for holidays. The parties should agree the formula to be used for this purpose.
Disciplinary and Grievance Procedure.
The parties should agree and put in place a disciplinary and grievance procedure consistent with the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000). The procedure should provide for the representation of individuals by a Trade Union where they wish to avail of such representation in processing matters arising under the procedure. Provision should also be made for the utilisation of the normal industrial relations machinery of the State in the event of failure to resolve any grievance or disciplinary matter internally, including the LRC, Rights Commissioner and the Court.
Dismissed Employees.
The position of the dismissed workers should be referred jointly to a Rights Commissioner for adjudication. In the event of the employer not being willing to join with the Union in a joint referral the matter may be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
21st June, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.