FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SLANEY FOODS INTERNATIONAL LIMITED TRADING AS SLANEY FOODS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Increase under Towards 2016.
BACKGROUND:
2. Slaney Foods International Ltd is a beef processor and is part of the Linden Foods Group of Companies which includes Linden Foods, Irish Country Meats and Slaney Foods. The case concerns the failure of the Company to pay the second and third phases of the Towards 2016 Transitional National Agreement, applicable to the General Operative grades who are based in the abattoir, boning hall, chillroom and dispatch area.
On the 29th June, 2011 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 18th April, 2012.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Workers have remained fully co-operative with the terms of the Towards 2016 Transitional National Agreement and have engaged with the introduction and operation of new work practices.
2. The Company has refused to plead an inability to pay and has merely suggested that due to"circumstances facing the Company"they are not in a position to engage with the Union in talks.
RECOMMENDATION:
The Employer in this case decided not to attend the hearing into this dispute.
On the basis of the written and oral submissions made by the Union in the course of the hearing the Court recommends that Slaney Foods International Ltd, with effect from the 1stApril 2009, pay to the Workers covered by this claim the 3.5% adjustment provided for under the terms of the Towards 2016 Transitional National Agreement. The Court further recommends that the parties resolve the dispute regarding the third phase of that Agreement in line with whatever arrangements were put in place in the sector generally.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th July, 2012______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.