FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CEMETERIES COMMITTEE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - 16 CEMETERY STAFF (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Pay increase.
BACKGROUND:
2. The claim by the Union is for a pay increase on behalf of 16 cemetery staff employed by the Dublin Cemeteries Committee. The claim was originally for pay parity with staff employed by Dun Laoghaire/Rathdown County Council in relation to productivity measures/work practices but it is now a straight claim for an increase of €100 per worker per week. The case was originally before the Court and LCR18855 issued in March, 2007. The full background to the case is contained in it.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement the dispute was referred to the Labour Court on the 29th April, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th June, 2009.
UNION'S ARGUMENTS:
3. 1. The claim has been ongoing over the course of nine years and numerous conciliation conferences and is still not resolved despite the workers concerned agreeing the productivity measures required.
2. The workers have revised their claim downwards despite the commitments given on parity.
COMPANY'S ARGUMENTS:
4. 1. The Union initially rejected LCR18855 but, following clarification, eventually accepted it. The Company has implemented a number of new measures since LCR18855 issued, including improving the pension scheme, investing in staff training and is currently constructing a new visitors' centre.
2. The Union's claim would involve increases of between 15% and 19.7% depending on the grades involved. The Company offered pay increases in 2006 to reach agreement but it was in a very different financial position then than it is now. It is clearly not in a position now to pay any increases (the Company supplied financial details to the Court).
RECOMMENDATION:
The Court, in an attempt to bring finality to this long-running matter, recommends as follows:-
The parties should re-engage, with the assistance of the Conciliation Service of the LRC if necessary, with a view to placing a monetary value on the productivity/flexibility measures agreed between the parties, for both foremen and general operative grades.
Appropriate levels of pay increase for both groups should then be agreed upon the implementation of the productivity/flexibility measures.
Signed on behalf of the Labour Court
Raymond McGee
14th July, 2009.______________________
CON.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.