FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOLANDS OF ARKLOW IRISH BUSINESS AND EMPLOYERS' CONFEDERATION - AND - MANDATE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. (1) Wage increase of €1 per hour (2) Advancement of due date for next wage increase (3) Increase in annual leave.
BACKGROUND:
2. The Company was established in 1816 as a builder's providers and in 2006 moved to a state of the art retail premises on the outskirts of Arklow town and currently employs 60 staff. The Union who represent approximately 55% of the staff served a claim during May 2006 for better wages and conditions, which was rejected by the Company.
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 dispute was referred to the Labour Court on the 6th March, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st August, 2007.
UNION'S ARGUMENTS:
3. 1. The Company's two comparators Tesco and Dunnes Stores both pay better rates per hour to their retail staff.
2. Previously the Company has brought forward the due date for wage increases, this practice should continue.
3.Annual leave within the Company has not changed since 1996, the Union contends that an increase is overdue.
COMPANY'S ARGUMENTS:
4. 1. The terms of Towards 2016 prevent any increase in basic pay rates.
2. The Company intends to pay the remaining phases of Towards 2016 as they fall due in accordance with the agreement between the social partners.
3. The Company complies fully with the Organisation of Working Time Act 1997 any change would be cost increasing and thus contrary to the rules of Towards 2016.
RECOMMENDATION:
The Union submitted three claims:
-Increase in rates of pay of €1.00 per hour
-Advancement of due date of next pay increase
-Increase in annual leave
Having considered the oral and written submissions of both parties the Court is satisfied that the Company had applied the terms of various National Wage Agreements since 1982 and is currently applying the Terms of "Towards 2016". In these circumstances, the Court is satisfied that the Union's claims are cost increasing and is therefore debarred by the terms of "Towards 2016".
Accordingly, the Court cannot recommend concession of the claims.
Signed on behalf of the Labour Court
Caroline Jenkinson
19th September 2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.