FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SMYTHS DALESIDE FEEDS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Pay rates.
BACKGROUND:
2. The Company manufactures and distributes animal feed and employs approximately 55 full-time and 8/10 part-time employees during high season. All hourly paid workers are members of the ATGWU. A meeting was held in November, 2003 between the Company and the Union to discuss a number of issues including a wages rates review. All issues were resolved except the matter of a wages review. The Company position was that no such review was justified.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 19th May, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th October, 2004.
UNION'S ARGUMENTS:
3. 1.The Union members believe that they are underpaid for the job they do in comparison with other feed mills in the Republic of Ireland.
COMPANY'S ARGUMENTS:
4. 1. The Company pays over and above the Provender Milling Joint Labour Committe (JLC) rates and twice the JLC service rate.
2. The Company has at all times honoured all aspects of the National Agreements and the JLC rates.
3. The claim is a cost increasing claim and is therefore precluded under the terms of Sustaining Progress.
RECOMMENDATION:
The claim before the Court is cost-increasing and is therefore precluded under the stabilising clause of the pay agreement associated under Sustaining Progress. In these circumstances the Court cannot recommend concession of the claim as presented.
The Court notes that the Company is prepared to deal with the claim on a cost neutral basis. The Court recommends that the parties should seek to identify cost offsetting measures which could allow for the processing of the claim within the terms of the National Agreement.
Signed on behalf of the Labour Court
Kevin Duffy
15th November, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.