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 : BOSTON BRACE EUROPE LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
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 11 workers and is involved in the manufacture of Class 1 medical devices i.e. orthopaedic braces used for prevention, correction and rehabilitation of back conditions, primarily. In August, 2004 the Union advised the Company that it had taken a number of workers into membership and sought a meeting to discuss its members pay rates and terms and conditions of employment. The Company refused to engage in negotiations with the Union on the basis that it dealt directly with the workforce. In September, 2004 the Union referred a number of issues to the Labour Relations Commission (LRC) under the provisions of the Enhanced Code of Practice on Voluntary Disputes Resolution (S.I.No.76 of 2004) as follows:
Substantial Increase in rate of pay.
Increase in Sick Pay Scheme
Terms and Conditions of Employment including appropriate Grievance and Disciplinary Procedures as outlined in S.I. No. 146 of 2000.
Both parties participated in this procedure.A proposal document dated 24th November, 2004 put forward by the Advisory Officer of the LRC, recommended for acceptance by the parties, was rejected following a ballot of union members. The dispute was referred to the Labour Court for investigation on the 21st 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 on the 7th March, 2005.
RECOMMENDATION:
This dispute was referred to the Court pursuant to Section 2(1) of the Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004 (the Acts). The Court is satisfied that the conditions specified at Section 2(1)(a) to 2 (1) (d) of the Acts were fulfilled in this case and that the dispute was properly before the Court for investigation and recommendation.
This dispute has been referred to the Court following the failure of the parties to reach agreement in relation to the matters at issue at the Labour Relations Commission under the Enhanced Code of Practice on Voluntary Disputes Resolution ( S.I. No. 76 of 2004).
The Court has taken careful account of the submissions of the parties in their written and oral presentations. Section 5(2) of the Act provides that a recommendation made by the Court shall not provide for arrangements for collective bargaining. Subject only to that restriction the Court is required to give its opinion on the matter under investigation and, where appropriate, its view as to the action which should be taken having regard to the terms and conditions of employment, in the employment concerned.
Utilising the provisions of S.I. No. 76 of 2004 the Union submitted a list of claims to the Labour Relations Commission.
The Union, on behalf of its members in the Company, submitted the following claims(i) Substantial Increase in Pay; (ii) increase in Sick Pay Scheme;(iii) Terms and Conditions of Employment including appropriate Grievance and Disciplinary Procedures as outlined in S.I. No.146 of 2000.
Having considered the views of the parties expressed in their oral and written submissions, the Court recommends that the proposals put forward by the Advisory Officer LRC on the 24th November, 2004 should be accepted with the following amendments:-
(1) As per proposals.
(2) A further increase of 3% will be applied on 1st May, 2005; this was due under SP on 1st August, 2005.
(3) A final payment of 3½% will be paid on 1st November, 2005; this was due under SP on 1st February, 2006.
(4) As per proposals.
(5) As per proposals.
(6) The Sick Pay Scheme will increase from four to eight weeks at full pay; the normal rules and workings of the scheme will continue to apply.
(7) See "Grievance and Disciplinary Procedures" below.
(8) As per proposals.
(9) This clause does not form part of this recommendation.
Grievance and Disciplinary Procedures
Point (7) recommends that the internal grievance and disciplinary procedures will be amended to conform to the general provisions of the Code of Practice on Grievance ,and Disciplinary Procedures (S.I . No. 146 of 2000). The Court recommends that, consistent with the Code, the Company's procedure should provide for either a colleague or trade union representation in processing individual grievances and disciplinary matters, where an employee wishes to avail of such representation. The procedure should also provide for the full utilisation of the normal dispute resolution dispute machinery of the state, including the reference of disputes to conciliation, the Rights Commissioner service and the Court, as appropriate.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st March,2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.