FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST - AND - AHCPS DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Additional payment of 2% Productivity Allowance.
BACKGROUND:
2. This dispute concerns the Union's claim that the productivity allowance paid to its members should be increased from 10.5% to the 12.5% which the vast majority of staff currently enjoy. 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 15th February, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd June, 2010, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Workers have been treated less favourably than their colleagues in other Unions.
2. The Workers have exceeded the targets agreed with the Company as part of the productivity agreement.
3.The Company is profitable and can afford to pay this claim.
COMPANY'S ARGUMENTS:
4. 1. There is no real basis or justification for this claim.
2. It is unrealistic to expect the Company to concede this claim at a time when pay freezes and pay cuts are the norm.
3.With effect from 1st January 2011 the postal market will be fully open to competition and concession of this cost-increasing claim would undermine the Company's competitiveness.
RECOMMENDATION:
Having regard to the current economic and commercial circumstances of the Company the Court cannot reasonably recommend that the Association's claim be conceded at this time.
When those circumstances improve the parties should have further negotiations on the claim with a view to identifying appropriate cost-offsetting measures which could allow for the restoration of internal equity in the rate of productivity allowance paid to all groups.
Signed on behalf of the Labour Court
Kevin Duffy
12th July, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.