FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DAIRYGOLD CO-OPERATIVE SOCIETY LTD. - AND - DAIRY EXECUTIVES' ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Non-Payment of phases of pay terms under Social Partnership Agreement 2003/2005
BACKGROUND:
2. This case concerns a dispute between the Dairy Executives Association (DEA) and Dairygold in relation to the application of wage increases due under National Wage Agreements. (NWA) The Union's position is that management unilaterally implemented a method of pay determination whereby certain members of management were paid in accordance with NWA and others were not. The Union is seeking the application of national wage increases to all its members employed by the Company.
The Company declined an invitation to attend the hearing of the Court but outlined its position with regard to the issues in dispute in correspondence to the Court. Managements position is that it negoitiated a separate pay deal with its managerial staff and increases were far in excess of NWA. Management sought a list from the DEA in relation to affected employees. It is alleged that the DEA did not supply the appropriate details to the Company.
On the 25th November 2005, the Union referredthe dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3. 1. Management unilaterally implemented a method of pay determination whereby certain managerial staff received increases under NWA and others did not. The Union is seeking that management accept that they are party to NWA and apply the appropriate increases to its members.
RECOMMENDATION:
The Company declined to attend the hearing for reasons which were explained in correspondence with the Court. The Court finds it regrettable that the Company did not participate in the investigation so as to assist the Court in having a complete understanding of the issues raised.
The Association is recognised by the Company for collective bargaining purposes. Nonetheless it appears that the pay determination system at issue was introduced unilaterally by the Company.
The Court is of the view that the parties should enter into negotiations with a view to reaching agreement on a pay determination system for this category.
Signed on behalf of the Labour Court
Kevin Duffy
22nd December 2006______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.