FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIPHAR (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. 1. Pay 2. Bank Holidays 3. Attendance Bonus 4. Annual Bonus 5. Sunday Shifts 6. Profit Sharing 7. Redundancies
BACKGROUND:
2. The Company was formed in 1994 and is one of three main players in the marketplace and is the only one wholly owned by community pharmacists. It employs a workforce of 550 people.
In August, 2004 the Company received the original claim from the Union listing 12 issues on behalf of its members. The Company responded by clarifying and resolving 4 of the 12 issues. Further local negotiations took place.
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 16th May, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. Following a Labour Court hearing on the 25th May, 2005 the parties were referred back to conciliation for further discussion. Any outstanding issues could be referred back to the Court for a definitive recommendation.
A number of outstanding issues were referred back to the Court on the 17th June, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th August, 2005.
UNION'S ARGUMENTS:
3. 1. The Union is prepared to accept the total package of proposals, subject to the increase in salaries across the board being 5%, in return for the cooperation and considerable productivity given to the Company by our members.
COMPANY'S ARGUMENTS:
4. 1. The Company has offered a salary increase of 2.5% across all scales, which represents a substantial increase over and above Sustaining Progress.
2. The Company has also offered to introduce a 2.5% attendance bonus payable following attendance performance over a 12-month time frame.
RECOMMENDATION:
The Court notes that the principle of paying an amount above "Sustaining Progress" for stated productivity measures was already agreed between the parties.
The Court recommends that the Union should accept in full the last set of Company productivity proposals as outlined at the Conciliation Conference on the 16th June, 2005. Accordingly, an increase of 2.5% should apply from the date of acceptance of this recommendation and a further increase of 2.5% from a date six months from the first increase. This should be accepted by the Union in full and final settlement.
Signed on behalf of the Labour Court
Raymond McGee
31st August, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.