FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST GOBAIN PERFORMANCE PLASTICS (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. 1. Pay increase 2. Improvement in Sick Pay Scheme and 3. Bereavement Leave.
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to three issues 1. Pay increase 2. Improvement in Sick Pay Scheme and 3. Bereavement Leave. The Company implemented a 2% pay increase with effect from September 2011, having received corporate approval for its implementation. The Union contends that implementing a pay increase unilaterally is at variance with agreed procedures. It is also seeking that the Company actively engage in relation to the other issues in dispute.
The dispute was not resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement could not be reached the matter was referred to the Labour Court on 16th December 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 7th June, 2012.
UNION'S ARGUMENTS:
3 1 The Company did not engage in active negotiations in relation to the disputed issues. If they had used agreed protocols and procedures in relation to the issues in dispute, all matters could have been resolved.
2 The Union is concerned at the change in the relationship between the Company and Union. The Union acknowledges the difficulties being experienced by the Company but it must continue to respect the negotiation mechanisms in place and not act unilaterally while implementing changes to terms and conditions of employment.
COMPANY'S ARGUMENTS:
4 1 The Company has, at all times, acted in good faith. It has implemented pay increases and absorbed additional costs in relation to health insurance and other costs. These increases were paid at a time when other groups of staff within the group were subject to a pay freeze.
2 The Company has generous Sick Pay and Bereavement Leave Schemes in place. It is willing to discuss issues with the Union but must also be mindful of the reduction in business and increases in other costs applicable to the Company.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties in this dispute.
The Court notes the improvements in pay and conditions that have been proposed and in some cases implemented by this Company in recent times. However the Court also notes that the manner in which these improvements have taken place has not been in line with the terms of the Company/Union procedural agreement.
Accordingly, the Court recommends that the improvements in pay and conditions offered and implemented be considered by the Union in accordance with its procedural agreements.
The Court notes the Company's commitment to the operation of the procedural agreement in the future and to engagement with the Union.
The Court further notes the integrity with which the shop stewards, the Union and the Company have dealt with these matters in a very difficult trading and economic environment.
Finally, the Court notes the parties' commitment to a mutual respect for the roles each of the parties have been discharging with honesty and integrity.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
17th July 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.