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 : DOYLE CONCRETE LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy 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 was established in the late 1970s and currently employes approximately 50 people. Its products are ready-mix concrete and reinforced precast concrete cattle slats. Briefly, the Union's claims and the positions of the parties are as follows:
3. 1.Pay Rates:The Unionis seeking increase in pay rates as follows:- general operatives and office staff from €10.03 to €13.50 per hour; heavy-drivers from €11.45 to €14.50 per hour and fork-lift drivers from €10.03 to €13.75 per hour.The Companyhas increased pay rates by 10% from the 8th of June, 2006, including the first two phases of the new National Wage Agreement (Towards 2016).
2.Pension Scheme:The Company currently operates a PRSA scheme.The Unionis seeking the introduction of a defined contribution scheme with equal payments of 8.00% from both parties.
The Companycontributes 10% of employees' contribution to a defined contribution scheme.
3.Sick Pay Scheme:The Unionis seeking the following ; 0-1 years service - no benefit; 1-2 years' service - 4 weeks' pay; 2-4 years' service - 6 weeks' pay; 4 years plus - 8 weeks' pay.
The Companywas prepared to introduce a sick pay scheme whereby employees receive 2 weeks' pay for 1-2 years' service, 4 weeks' pay for 2-4 years service and 6 weeks' pay for service over 4 years.
4.Overtime:The Unionclaims that there are two different rates of overtime paid, depending on what time workers start at, and is seeking time plus one half for the first four hours and double time thereafter.
The Companyis willing to reduce the working week to 39 hours (from 40 hours) and pay overtime at time plus one half.
5.National Wage Agreements:The Union wants Towards 2016 to apply going forward and to be implemented from 1st January, 2006.
The Company'scase is as (1) above
6.Disciplinary Procedures / Grievance Procedures:The Unionis seeking the application of Code of Practice No. S.I. 146 of 2000 for both procedures.
The Companyclaims that it allows employees to have representation of their choice.
7.Dignity at work, bullying and harassment:The Unionwants the policies that are contained in the Staff hand book to apply.
The Company'scase is that procedures are already in place.
8.Welding Rate:Workers are required to do welding on occasions and the Union wants the welders' rate of €16.66 per hour to apply.
The Companymaintains that there is very little welding done, no more than 30 minutes per day.
9.Christmas Bonus:The Unionis seeking an increase from €300 to €400 and all phases of the National Wage Agreement to apply.
The Companyis not willing to increase the Christmas bonus but will pay €100 to new employees.
10.Contract of Employment:This issue covered three areas - (a) Possible relocation to Castlecomer; (b) Loss of licence for drivers in the event driving over-loaded trucks; and (c) dismissal due to redundancy. The parties agreed that last in, first out (LIFO) would apply.
The Company'scase is that nobody has been asked to go to Castlecomer but it is willing to put a clause in contracts regarding relocation.
11.Welfare facilities:The Union wants proper facilities in place with regard to canteen, toilets, drying location, changing rooms and lockers.The Companyclaims that facilities have been upgraded and are now in good condition.
The dispute was referred to the Advisory Service of the Labour Relations Commission. As the parties did not reach agreement the dispute was referred to the Labour Court on the 3rd of July, 2006, in accordance with Section 2 of the Industrial Relations (Miscellaneous Provisions) Act, 2004, and Section 2 of the Industrial (Amendments) Act, 2001.
RECOMMENDATION:
The Court's recommendation is as follows:-
Pay:
The rate for General Operatives should be €13.50 per hour with effect from the date of this recommendation. This should also be the rate for office staff.
The two Forklift Drivers should have a differential of 5% and Drivers (including Artic Drivers and Loading Shovel) should have a differential of 7.5%
Pension Scheme:
The Employer should put in place, and the Union should accept, a defined contribution scheme providing for up to 5% contributions each from both Employer and Worker.
Sick Pay:
The Company offer as clarified, i.e.,
0-12 months - no entitlement
12 months - 2 years - 2 weeks at full pay
2 - 4 years - 4 weeks at full pay
4 years plus - 6 weeks at full pay
with no entitlement for the first 3 days of any illness, less social welfare, medical certificates must be supplied.Overtime:
Time plus one half should be paid for the first four hours of overtime, double time thereafter. Overtime should be paid for all hours over 39 in a week.
Pay Slips:
This matter has been resolved and proper payslips are now being issued.
National Wage Agreements:
The first phase of "Towards 2016" (if accepted by the Social Partners) should apply with effect from 1st October, 2006. The Court notes the Company's willingness to abide by the terms of National Pay Agreements.
Grievance & Disciplinary Procedures:
The Court recommends that the Employer should put in place a Grievance & Disciplinary Procedure which conforms with the general provisions of the Code of Practice No. S.1. 146 of 2000 on Grievance & Disciplinary Procedures and in particular that appropriate provision be included for representation by an employee representative as provided by paragraph 4-4 of the Code.
Any dispute on this issue should be processed through the procedures provided for by Section 43(1) of the Industrial Relations Act, 1990.
Dignity at Work, Bullying & Harassment
The Court recommends that the Employer implement these policies as outlined in the Staff Handbook.
Welders' Rate:
The Court does not consider that there are any dedicated welders and does not recommend concession of this claim.
Christmas Bonus:
The Court recommends that this issue be reviewed after 1st January, 2008.
Contracts of Employment:
The Company gave assurances to the Court of no intentions of relocation.
Welfare Facilities:
The Court notes the improvements made and the workers should accept this situation as reasonable.
Signed on behalf of the Labour Court
Raymond McGee
23rd August, 2006______________________
CON/EWDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.