FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN KEG DISTRIBUTORS LIMITED - AND - MANDATE DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Refusal by Employer to engage in the process of the LRC, Pension Payments and Pay Increases
BACKGROUND:
2. The Union is seeking payment of all phases due under Towards 2016 with full retrospection plus the introduction of a defined benefit pension scheme. The workers were last paid a phase of T 2016 on 1st July, 2008. The Union claims that two more phases - 3.5% from 2009 and 2.5% from 2010 have not been paid. The Union is also seeking a 5% pay increase from 1st October, 2010. The Union claims that a former pension scheme was disposed of and replaced by providing a PRSA arrangement when the Company took over from Comans under the transfer of undertaking arrangements.
The Union referred the case to the Court on the 26th July, 2010, in accordance with Section 20(1) of the Industrial Relations act, 1969. A Labour Court hearing took place on the 28th October, 2010. The Company did not attend the hearing but in a letter to the Court stated that it had several meetings with the Union in an attempt to resolve the issues. It believes that the Union's claim is without merit.
UNION'S ARGUMENTS:
3. 1. The Company has the lucrative Heineken Beers distribution contract in and around Dublin. It has never claimed an inability to pay increases under the terms of the National Pay Agreements or in regard to pensions. The workers have given considerable productivity measures in regard to the number of deliveries undertaken.
RECOMMENDATION:
The Court finds it regrettable that the employer declined the opportunity to attend the hearing and to respond to the substance of the Union's claims.
The Court was told that the Union is recognised by the employer for collective bargaining purposes and that a collective agreement is in place between them. The Court was further told that the collective agreements provides a procedure for resolving disputes that involves negotiation with the Union and the use of normal industrial relations procedures and machinery where necessary.
In these circumstances the requirements of good industrial relations practice dictates that the employer should abide by this agreement. Accordingly, the Court recommends that the employer should, in accordance with its own collective agreement, engage with the Union on the substance of its claims. That engagement should commence as soon as practicable and should be completed within one month from the date of this recommendation. In the event of agreement not being reached the dispute should be jointly processed in accordance with normal industrial relations practice and the terms of the collective agreement between the parties.
Signed on behalf of the Labour Court
Kevin Duffy
2nd November, 2010______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.