FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 32, INDUSTRIAL RELATIONS ACT, 1946 PARTIES : MC CARTHY BROTHERS (CONTRACTORS) ENNIS LTD - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Alleged breach of the Construction Industry Registered Employment Agreement - (Construction Industry Wages And Conditions Of Employment).
BACKGROUND:
2. The Union alleges that the Company is in breach of the Construction Industry Registered Employment Agreement (Construction Industry Wages and Conditions of Employment). The Union contends that in this case the breach relates to Clause 11, Procedure for Settling Grievances and Disputes. The Union contends that the employer proceeded to use a substitute masonry product in place of traditional masonry and that this has effected the employment of the workers concerned and resulted in the non-employment of these workers.
On the 23rd March, 2006 the Union referred the matter to the Labour Court under Section 32 of the Industrial Relations Act, 1946. A Labour Court hearing was held on the 21st June, 2006
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”. In particular, the Union claimed that in January 2006, the Company used a substitute masonry product in place of traditional masonry, which effected the employment of workers and resulted in the non-employment of some of its members. The Union stated that the Company refused to engage on this issue under the disputes procedure of the Registered Employment Agreement.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 stated to the Court that the dispute is in relation to the use of Insulated Concrete Formwork System (ICF). It indicated that it had notified the Union that the workers using the system were members of UCATT and that it would be inappropriate to hold meetings to discuss their work and the use of the particular system without their representatives being present. Correspondence dated 11th October 2005 from UCATT stated 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
7th_July, 2006______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jackie Byrne, Court Secretary.