FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001, AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004 PARTIES : WRIGHT WINDOW SYSTEMS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Referral from The Labour Relations Commission under the Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
BACKGROUND:
2. The Company employs 200 workers at its manufacturing plant in Milltownpass Co. Westmeath. It produces windows and doors in a range of Timber, Pvc and Aluminium. In August, 2004 the Union accepted a number of workers into membership and sought a meeting to discuss its members pay and terms and conditions of employment as follows:
Rates of Pay
Overtime
Service Leave
Shift Premium
Sick Pay Scheme
Pension Scheme
Protective Clothing
Grievance and Disciplinary Procedure
The Company refused to engage in negotiations with the Union.The Union
referred the issues to the Labour Relations Commission under the provisions of the Enhanced Code of Practice on Voluntary Disputes Resolution (S.I. No. 76 of 2004). The parties engaged the voluntary procedure but agreement was not reached. The dispute was referred to the Labour Court on the 3rd December, 2004 in accordance with Section 2 of the Industrial Relations Amendment Act, 2001 as amended by the Industrial Relations (Miscellaneous Provisions ) Act, 2004. A Court hearing was held in Mullingar on the 15th February, 2005.
RECOMMENDATION:
Having heard the submissions of the parties, the following are the Court's recommendations,
1.Rates of Pay/Service Pay.
As and from the 1st April, 2005, the existing 4 operative grades should be reduced to 3. The existing grades 1 and 2 should be merged at the Grade 2 rate. The rates therefore should be (including Phase 1 of Sustaining Progress)
New Grade 1 (i.e. entry rate) - €9.90 per hour.
" Grade 2 - €10.41 p.h.
" Grade 3 - €11.27 p.h.
Progression through grades should be yearly on the basis of satisfactory service as defined in the annual appraisal.
The Court notes that the Company operates a bonus scheme, and that it implements increases under National Pay Agreements. In the light of all the above, the Court does not recommend the concession of the Service Pay claim.
2.Overtime.
Overtime should be paid as per the norm in manufacturing industry i.e. Time and a half before/after normal working hours Monday - Friday, Double Time between Midnight and normal starting time.
Saturday: Time and a half for first 4 hours worked, Double Time thereafter.
Sundays and Public Holidays: Double Time.
3.Service Leave:Noting the annual leave provisions, the Court does not recommend concession of this claim.
4.Shift Premium:The Company position (as clarified at the hearing) of 16% for two - shift working and 30% for night shift should be accepted by the Union.
5.Sick Pay Scheme:A Sick Pay scheme providing for 6 weeks' full pay followed by 6 weeks' half pay should be introduced with effect from 1st June, 2005. There should be no payment for the first 3 days of absence, and an employee would have to have 12 months' service with the Company to qualify for inclusion in the scheme.
6.Pension Scheme:A Pension Scheme should be introduced which conforms with current norms and provides for both employer and employee contributions. This should be introduced no later than 1st April, 2006.
7.Protective Clothing:The Union should accept the Company's position. The Company should at all times comply with appropriate Safety and Health guidelines in this area.
8.Grievance and Disciplinary Procedure:The existing procedure should be amended to comply with the Code of Practice (S.I.No. 146 of 2000) and in particular to provide for an individual to be represented by a Trade Union official where requested.
Signed on behalf of the Labour Court
Raymond McGee
25th February,2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.