LCR18432

FULL RECOMMENDATION

CD/05/294

RECOMMENDATIONNO.LCR18432

(CC04/8036)

INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

JARVIS FACILITIES MANAGEMENT

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION

DIVISION :

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

SUBJECT:
1. Company proposal for payment monthly as part of Benchmarking.

BACKGROUND:

2. Jarvis Facilities Management Ltd is a private company which is part of a Public Private Partnership. The Company took over the running of the post primary schools in Dunmanway and Ballincollig from the Cork County VEC. Transfers took place at the end of 2001. The Company provides cleaning, catering and caretaking services as well as facility maintenance. The Company employs 64 staff of which 23 transferred from the Department of Education/VEC's under TUPE regulations.

In June 2004, the Union made a claim for payment of Parallel Benchmarking on behalf of 2 caretakers and two cleaners in Dunmanway and 2 cleaners in Ballincollig who had transferred from the Public Service. In April 2005, 2 caretakers from Ballincollig joined the Union. The claim is now for a total of 8 workers.

The Parallel Benchmarking claim is for a payment of €70.19 to be paid in 3 phases, 50% from 1st December, 2001, 25% from 1st January, 2004 and 25% from 1st June 2005. The Union maintains that the Company will only agree to pay Phase 2 and 3 of the Benchmarking agreement on acceptance of the following proposals.

Caretakers

Starting times of 08.00/09.00/10.10/12.00 for caretakers
Monthly Pay
Revised payments for emergency call outs
Annual leave accrual and Sick Leave

Cleaners

The conditions were a commitment to the Gerneral Terms of the modernisation/change agenda as well as a change from fortnightly pay to monthly pay.

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 18th March, 2005in accordance with Section 26(1) of the Industrial Relations Act, 1990. At a further conciliation conference held on the 10th May, 2005 little progress was made. A Labour Court hearing took place on the 30th August, 2005.

UNION'S ARGUMENTS:

3.1 Transition to monthly pay is not a condition as laid down in the VEC or Department of Education agreement on Parallel Benchmarking. The workers have already agreed to change to forthnightly pay with no added financial reward involved.

2. It is considerable hardship for workers to receive payment only once a month when family budgets and personal needs are geared towards fortnightly pay. This is a particular hardship for some workers by virtue of part-time and a lay off every summer.

COMPANY'S ARGUMENTS:

4.1 The Company accepts that it gave a commitment in 2002 to "honour any agreements" on terms and conditions, including pay that are/have been in place" only for those employees who transferred out of the Public Service under TUPE and that this commitment covers the current Parallel Benchmarking Agreement.

2. Two of the caretakers in Dunmanway have agreed to proposals pending resolution of the monthly pay issue with the cleaning staff.

3. The Company's financial situation has deteriorated dramatically. As a result the company is going through a restructuring process.

RECOMMENDATION:

Having received and discussed fully the submissions of the parties the Court recommends that the cleaners be paid Phases II and III of the Parallel Benchmarking Award and be allowed, in the circumstances to remain on fortnightly pay.

The Caretakers in Ballincollig should abide by the terms of the agreement made.

Signed on behalf of the Labour Court

Raymond McGee
20th December, 2005______________________
JBDeputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.