FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CENTENARY CO-OP SOCIETY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Harmonisation and related issues.
BACKGROUND:
2. Thurles Co-operative and Centenary Co-operative merged to form the present Company. The Union submitted a number of claims to the Company in January, 2008, as follows:
Meal allowance, mill production bonus, mill cleaning bonus, harmonisation of pay rates and existing overtime premiums, sick pay and consolidation of shift premiums.
Briefly, the claims are as follows:
Meal allowance:current allowance is Breakfast - €3.75, Lunch - €4.66, and Tea - €3.75. The Company has offered to increase the allowances and to introduce indexation on them. The Union feels that this does not go far enough.
Mill production bonus and mill cleaning bonus:the Union is seeking a 25% increase on the current allowance of €25.40per week for production and €19.10 for cleaning.
Pay rates:the Union is seeking a €50 per week increase for all its members.
Overtime premiums:the Union's case is that the former Centenary employees enjoy a more beneficial overtime rate than their Thurles colleagues. It is seeking a harmonisation of the rates.
Sick pay:the Union is seeking an increase from 6 weeks' full pay and 6 weeks at .75 full pay to 8 weeks each.
Shift premiums:the Company operates a 2-cycle shift. The Union claims that it is paid on the basis of 8 hours' overtime rather than a shift rate on overtime which it is seeking.
The Company's main argument is that it has complied with all aspects of Towards 2016. The claims are all cost-increasing and, therefore, are debarred under that Agreement.
The dispute was the subject of two conciliation conferences. As the parties did not reach agreement the dispute was referred to the Labour Court on the 4th February, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st April, 2009, in Clonmel. The following is the Court's recommendation.
RECOMMENDATION:
It is clear that each of the Union's claims are cost increasing in nature and are, as such, precluded by the stabilisation provisions of the pay agreement associated with the Towards 2016 National Partnership Agreement. In that regard it is noted that the Company have fully complied with the terms of that Agreement.
In these circumstances the Court cannot recommend concession of any of the Union's claims. It is further noted, however, that the Company have offered to increase the meal allowances and to index link them for the future. The Court recommends that this offer be reinstated and accepted by the Union.
Signed on behalf of the Labour Court
Kevin Duffy
11th May, 2009.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.