FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GLAXOSMITHKLINE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Pay Scales.
BACKGROUND:
2. This dispute concerns a claim in relation to an incremental pay scale for Laboratory Assistants. The Company currently determines pay on an individual basis by an annual performance review. The Union is seeking a specified pay scale with progression through a set number of points.
This 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 21st July, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th January, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company's method of determining pay is flawed and is not operated in a transparent or objective manner.
2. Pay rates in the Compnay are considerably out of line with the norm in this sector.
3.An incremental pay scale is the norm in this sector.
COMPANY'S ARGUMENTS:
4. 1. The Company is operating a highly-competitive sector and is facing major econimic difficulties.
2. The Company is under significant pressure from its international parent company to reduce costs to ensure the plant's competitiveness and sustainability.
3.Existing pay levels in the Company are competitive.
RECOMMENDATION:
It is clear that the pay determination system in respect of the grade associated with this claim has been established within the employment over many years. It is also clear from the Union's submissions that it is dissatisfied with many aspects of the system, including a perceived absence of transparency in the mode of assessment and the opportunities available to appeal against assessments.
Having regard to the fact that the current arrangements are long standing, the Court does not recommend concession of the Union's claim for the introduction of an incremental salary scale. Rather, the Court recommends that the parties meet as a matter of urgency with a view to addressing the Union's difficulties with the current arrangements, raised in the course of the hearing.
Signed on behalf of the Labour Court
Kevin Duffy
13th February, 2009______________________
JMcC.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.