DIR0510

FULL RECOMMENDATION

CD/05/568

DETERMINATIONNO.DIR0510

INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
S6(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001

PARTIES :

ORMONDE WASTE LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION

DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr Nash

SUBJECT:
1. Request by a Trade Union or Excepted Body for a Determination in relation to Labour Court Recommendation No. LCR18184

BACKGROUND:

2. A Labour Court hearing took place on the 4th of August, 2005. The following is the Court's determination:

DETERMINATION:

On 5th May, 2005, the Court issued Recommendation LCR No.18184 in a dispute between SIPTU and Ormonde Waste Limited which it had investigated pursuant to Section 2(1) of the Industrial Relations (Amendment) Act 2001, as amended (the Act). On 7th June, 2005, SIPTU applied for a determination pursuant to section 6 of the Act.

Section 6(3) of the Act provides:

(3) A determination under subsection (1) shall be in the same terms as a recommendation under section 5 except where-
(a) the Court has agreed a variation with the parties, or
- (b) the Court has decided that the recommendation concerned or a part of that recommendation was grounded on unsound or incomplete information.

For the purposes of the original hearing each of the parties provided the Court with comprehensive information concerning terms and conditions applying in other employments which they considered relevant in advancing their respective positions. The Court took account of all of this information and evaluated its relevance and weight in reaching its opinion on the merits of the case and in formulating its recommendations.

Further general information has now been provided by the employer concerning rates of pay in what it contends are similar employments. Having fully considered the matter, the Court is satisfied that none of the additional information now provided is of sufficient weight to warrant a variation of the original Recommendation. Accordingly, it has not been established to the Court’s satisfaction that the recommendation or any part thereof was grounded on unsound or incomplete information.

In these circumstances, and in accordance with Section 6(3) of the Act, the Court must make a determination in the same terms as the recommendation and does so as follows:

Pay

Drivers (including JCB Driver)

The rate of pay of this category of employee should be increased to €11.50 with effect from 1st June, 2005. There should be a further increase to €13.00 with effect from 1st March, 2006.

General Operatives and Helpers

The rate of pay of this category of employee should be increased to €8.50 with effect from 1st June 2005. There should be a further increase to €9 with effect from 1st June 2005.

Administration.

The rate of pay of this category of employee should be increased to €9 with effect from 1st June, 2005.

The rates specified should be exclusive of annual cost of living increases to which the employer is committed.

Subsistence

The current subsistence allowance of €12 per day should continue to be paid, on a red-circled basis, to those who are currently in receipt of that amount. New employees should receive an allowance of €6 per day. The conditions attaching to the payments of subsistence allowance should be as heretofore.

Sick-Pay

The employer should introduce a sick pay scheme providing for up to six weeks paid sick leave in a calendar year. All sick leave should be covered by a medical certificate. The scheme should apply to all employees who have completed their probationary period. The scheme should not operate in respect of the first 3 days of any illness.

Working Week

The Court determines that a standard 39-hour week be introduced without loss of pay.

Health Safety & Welfare

The Court notes the employer’s assurances that measures will be taken to have safety Representatives appointed in accordance with law and that the representatives be provided with appropriate training. The Court determines that the employer proceed accordingly.

Payment of Representatives

The Court determines that in the circumstances of this case, the Unions claim be conceded on this occasion. This should not be regarded as a precedent for the future.

Grievance and Disciplinary Procedure

The Union claimed that the current internal procedures for the processing of issues relating to individual grievances and disciplinary matters are inadequate in that they do not provide for representation of employees by a trade union in appropriate cases.

The employer informed the Court that it intends to review its internal procedures having regard to the provisions of the Code of Practice on Grievance and Disciplinary Procedures (SI 146 of 2000). The Court determines that the employer proceed accordingly. Any dispute concerning the compatibility of the revised internal procedures with the provisions of the Code of Practice should be processed through the procedures of Section 43 (1) of the Industrial Relations Act 1990.

Implementation

Save where otherwise appears this Determination should be implemented within one month from the date on which it is issued and with effect from 4th June, 2005.

Signed on behalf of the Labour Court

Kevin Duffy
17th August, 2005______________________
CONChairman

NOTE

Enquiries concerning this Determination should be addressed to Ciaran O'Neill, Court Secretary.