FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : GARBEN PROPERTIES LIMITED TRADING AS ROCHE GROUP AND ROCHE CONSTRUCTION - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Construction Industry Registered Employment Agreement - wages and conditions of employment
BACKGROUND:
2. The Union's case is that there has been a breach of the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment). In this case the breach relates to Clause 11, Procedure for settling Grievances and Disputes. The Company claims that there is no dispute between the Company and any of its employees. It maintains that the Union's claim that"work appropriate to masons being carried out by other trades"is a demarcation issue that should be referred through the appropriate channels.
The Union referred the case to the Labour Court on the 12th of January, 2006, in accordance with Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing took place on the 12th of July, 2006, in Limerick. The following is the Court's decision:-
DECISION:
The case before the Court concerns a breach of the Register of Employment Agreements (Construction Industry Wages and Conditions of Employment). The Union submitted that the Employer was in breach of Clause 11, “Procedures for Settling Grievances and Disputes”. The Union claimed that the Company had attended a meeting on 5th October 2005 in accordance with stage one of the procedures and it now sought a continuation of that process. As no agreement was reached at that meeting, the issue was referred to the Construction Industry Disputes Tribunal by the Union in accordance with the grievance and disputes procedure under Clause 11.
The Registered Employment Agreement was registered in the Register of Employment Agreements on 15th March 1967 and was varied for the twenty-third time by the Court under Section 28 of the Industrial Relations Act 1946, with effect from 27th May 2005.
- Clause 11.
PROCEDURE FOR SETTLING GRIEVANCES AND DISPUTES
If a trade dispute occurs between workers to whom this Agreement relates and their employers, no strike or lock-out, or other form of industrial action shall take place until the following procedures have been complied with and the Labour Court has issued a recommendation.
- Category A Disputes
For the purposes of this Agreement questions concerning local matters or matters of an individual nature are regarded as category A disputes. Where these disputes arise, the following procedure shall be complied with :- (a) The grievance or dispute shall in the first instance be discussed between the parties concerned. If the dispute is not resolved within 3 days it may be referred to the trade union concerned and, where appropriate, the Construction Industry Federation (CIF). Notice in writing of the dispute shall be given by the individual concerned or his trade union to the CIF.
(b) If the dispute is not resolved within 7 days, or such longer period as may be mutually agreed, the issue may be referred to a Construction Industry Disputes Tribunal (CIDT).
(c) The CIDT will issue a decision within one week. The decision of the CIDT, where unanimous, shall be binding.
(d) Other decisions may be appealed to a Rights Commissioner, the Labour Relations Commission or the National Joint Industrial Council (NJIC) as appropriate.
(e) If the issue remains unresolved, it shall be referred to the Labour Court for investigation and recommendation.
- (a) The grievance or dispute shall in the first instance be discussed between the parties concerned. If the dispute is not resolved within 3 days it may be referred to the trade union concerned and, where appropriate, the Construction Industry Federation (CIF). Notice in writing of the dispute shall be given by the individual concerned or his trade union to the CIF.
- Construction Industry Disputes Tribunal
The Tribunal shall be established to deal with Category A disputes as defined above. The Tribunal will consist of the following:- - Independent Chairman. The Chairman of the NJIC may act as the independent Chairman in this regard
- one employer representative to be nominated by the employers’ side of the NJIC
- one trade union representative to be nominated by the employees’ side of the NJIC
Category B Disputes
For the purposes of this Agreement questions concerning wages, working hours and conditions of employment in the industry are regarded as Category B disputes.
Where these issues arise, the following procedure shall be complied with : - - Independent Chairman. The Chairman of the NJIC may act as the independent Chairman in this regard
- Category A Disputes
(c) If after a meeting of the NJIC the issue remains unresolved, it shall be referred to the Labour Court for investigation and recommendation.’
The Company submitted to the Court that there is no dispute between it and its employees. It states that the dispute referred by the Union concerns “work appropriate to masons being carried out by other trades” and is a demarcation issue, which should be referred through the appropriate channels. It referred to correspondence dated 11th October 2005 received from UCATT stating that the work was part of carpenters core work and “any suggestion that this formwork be erected by other trades other than carpenters will not be tolerated by this Union”. The Company held that this was a “demarcation” dispute and should be dealt with in accordance with Clause 3 of the REA:
Clause 3.
DEMARCATION
“Where demarcation issues arise workers shall continue working as directed by their employer until the issue is decided by a Sub-Committee of the Joint Industrial Council, which shall decide within a stipulated period.”
Decision of the Court
In accordance with Section 32(1)(b) of the Industrial Relations Act 1946 the Court finds that this dispute should be dealt with in accordance with Clause 3 of the Agreement “Demarcation”.
Accordingly, the Court directs the Union and the Employer herein to fully comply with the terms of Clause 3 of the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment).
Signed on behalf of the Labour Court
Caroline Jenkinson
31st July, 2006______________________
CON/EWDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.