FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S6(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001 PARTIES : GOODE CONCRETE - AND - AGEMO TRADE GROUP DIVISION : Chairman: Mr McGee Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Request by the Union for a determination in relation to Labour Court Recommendation No. LCR 18037.
BACKGROUND:
2. A Labour Court hearing was held on the 9th March, 2005.
DETERMINATION:
At the Determination hearing held on the 9th March, 2005, no substantive arguments were put forward by the Company in regard to the issues dealt with by the Court in Recommendation No. 18037 dated 9th December, 2004. Therefore, the Court, following that hearing, confirms the recommendations made in LCR 18037 dated 9th December 2004, and determines as follows in relation to the group of workers identified in that recommendation, i.e.drivers represented by the trade union:-
Pay
The basic hourly rate of pay be increased to €13 per hour.
Working Hours
The standard working week shall be 39 hours. Normal starting time shall be between 7.30 am and 8am. Normal finishing time shall be between 4.30pm and 5pm. There shall be a paid lunch break of one hour.
Overtime Rates.
The following overtime rates shall apply.
• Time plus one half after normal finishing time, Monday to Friday.
• Time plus one half for all time worked in the first four hours on Saturday and double time thereafter.
• Double time for hours worked before normal starting time
• Double time for all hours worked on Sunday.
Holiday Pay
Regular and rostered overtime shall be included in the calculation of holiday pay. The calculation should be by reference to the average weekly overtime in the time worked in the 13 weeks preceding the holiday.
Safety, Health and Welfare Requirements.
The Company should provide all facilities including clothing and equipment as is required by law in relation to safety, health and welfare at work. For the avoidance of doubt this includes the items referred to by the Union in its submission to the Court. However, employees should be required to take reasonable care of the clothing or equipment with which they are provided and may be obliged to meet the cost of replacing clothing which is lost or damaged other than by normal wear and tear.
Workplace Relations.
In accordance with its undertaking to the Court, the Company should provide each of its employees with a statement in writing informing them that it fully respects their individual right to join or not to join a trade union and that in the event of exercising the right to join a union no adverse consequence will arise in their employment.
Grievance and Disciplinary Procedures.
The company procedures should provide for trade union representation in processing individual grievances and disciplinary matters, where an employee wishes to avail of such representation. The procedures should also provide for the full utilisation of the normal dispute resolution machinery of the State, including the reference of disputes to Conciliation, the Rights Commissioner Service and the Court, as appropriate.
Any submission that the Union wishes to make with regard to the content of the procedures should be taken into consideration. If there is any dispute in relation to the compatibility of the proposed procedures with the Code of Practice, the dispute may be processed in accordance with Section 43 of the Industrial Relations Act 1990.
Implementation.
The determination herein should be implemented within one month from the date of the date on which it is issued.
The Court so determines.
Signed on behalf of the Labour Court
Raymond McGee
21st March, 2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.