FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN STREET PARKING SERVICES (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Pay claim of 2.5%.
BACKGROUND:
2. This dispute concerns a claim for a 2.5% pay increase as set out in a 2009 local agreement. 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 18th April, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. Following a Labour Court hearing on the 11th July, 2013, a facilitator was nominated to assist the parties. The facilitator's proposals were rejected by the Workers and another Labour Court hearing took place on the 26th November, 2013.
UNION'S ARGUMENTS:
3 1 The Company is profitable and has always implemented national agreement increases.
2 The Company is not pleading an inability to pay this outstanding wage round.
3 Any loss of revenues has been outweighed by cost reductions.
COMPANY'S ARGUMENTS:
4 1 The Company is not meeting its service levels.
2 The Union has rejected all efforts to achieve the service levels.
3. The Company cannot increase pay when service levels continue not to be met.
RECOMMENDATION:
The Court has reviewed the proposals formulated by the Facilitator appointed to assist in resolving this dispute.
In the Court’s view these proposals are the best that could reasonably be expected and clearly address the concerns of both sides. In some respects, they go further than the Court may have recommended had the facilitation process not taken place. It is noted, however, that the Company remain willing to accept the Facilitators proposals.
There are no circumstances in which the Court could interfere with the proposals of the Facilitator. Accordingly it recommends that these proposals be accepted in their totality in full settlement of the Union’s claim.
Signed on behalf of the Labour Court
Kevin Duffy
16th December, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.