FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MILNE FOODS LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Hearing arising from LCR20480
BACKGROUND:
2. After the Labour Court Recommendation LCR20480 was rejected by Management a series of two day strikes per week took place beginning in July 2013. Eventually meetings took place between the parties but there was still not full engagement by Management who have not altered from their original position regarding most of the issues at the heart of the ongoing dispute.
On the 29th October, 2013 the Union referred the issues to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 16th December, 2013. The Company's Representative Peninsula Business Services (Ireland) Limited informed the Court by letter dated 9th December 2013 of the Company's decision not to attend the hearing.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Company refused to implement LCR20480 regarding shift rates and wage rates in full for all grades of staff but have agreed to pay overtime rates from 6th January, 2014
2. The Company is profitable and is in a strong enough financial position to implement the Court's Recommendation without delay.
RECOMMENDATION:
The Court finds it regrettable that the Employer did not attend the hearing held to investigate this dispute and did not avail of the opportunity to explain it's position on the Union’s claims. The Court further notes that the Employer did attend conciliation at the LRC but sufficient progress was not made to resolve the dispute.
Having considered the uncontested submissions made by the Union the Court is satisfied that some improvements should be made in the position put forward by the Company in conciliation. Accordingly, the Court recommends as follows: -
Basic General Operative Rates
The Court recommends that the basic general operative rate should be increased to €9.65 per hour with effect from 1stJanuary 2014. The rate should be further increased to €9.90 with effect from 1stJune 2014.
Other Rates
The Court recommends that the rate paid to all other categories comprehended by the Union’s claim should increase by the same percentage, and from the same dates, as that recommended in the case of the general operative rate.
Overtime
The Court notes that the Employer agreed at conciliation to the reintroduction of overtime rates at time plus one-half from 1stJanuary 2014.
Workers with Variable Attendance Patterns
The Court was informed that Workers associated with this claim are contractually obliged to vary their attendance pattern in order to meet the exigencies of the business. This pattern of attendance involves those affected working unsocial hours which vary significantly from day-to-day. While this arrangement could not properly be described as a shift pattern in the normal sense, it is a form of atypical working. However, the Court does not have sufficient information on how this form of atypical working is compensated for in analogous employment so as to make a definitive recommendation on this aspect of the Union’s claim at this time.
The Court recommends that the parties should seek the assistance of the LRC to facilitate further engagement with a view to reaching agreement on this aspect of the claim. These discussions should commence as soon as practicable and should conclude not later than 1stJune 2014.
Signed on behalf of the Labour Court
Kevin Duffy
16th December, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.