FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : JOSEPH MURPHY'S LIMITED (BALLINA) (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MANDATE DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. (1). A flat increase of €1 per hour (2). Bringing forward the date of all future wage increases (3). Increased annual leave (4). Paid release for all Mandate activists.
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to four specific issues. The Union is seeking (a) a flat increase of one euro per hour (b) future wage increases to be brought forward (c) an increase in annual leave entitlements and
(d) paid release for Union activists. The Company's position is that the claims are cost increasing and precluded under National Wage Agreements.
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 matter was referred to the Labour Court on 24th January, 2007 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27th September, 2007.
UNION'S ARGUMENTS:
3 1 The Union did not sign up to the current national wage agreement and is entitled to lodge claims on behalf of its members. Its claims are fair and reasonable in the circumstances.
2 The Company is out of line with comparable employments in terms of rates of pay and the implementation of wage increases. Other employers in the sector provide additional annual leave entitlements based on service.
3 The Union is seeking formal recognition that the Union Shop Steward will receive paid release for carrying out duties associated with the role..
COMPANY'S ARGUMENTS:
4 1 The Company applies wage increases negotiated at national level.
2 The claim is cost increasing and precluded under the current national wage agreement "Towards 2016"
3 The Company is compliant with the Organisation of Working Time Act, 1997 in terms of annual leave entitlements.
4 There is no issue with Union representatives being given time off to carry out their function.
RECOMMENDATION:
In the context of the pay provisions of "Towards 2016", which were agreed at national level between representatives of Employers and Trade Unions, the claims here made by the Union cannot succeed and the Court does not recommend that they be conceded.
Signed on behalf of the Labour Court
Raymond McGee
16th October 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.