FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MILNE FOODS LIMITED - AND - A GROUP OF WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Pay / premia.
BACKGROUND:
2. The Company supplies prepared vegetables and salad products to its customers from its base outside Birr, Co. Offaly and employes in the region of 85 Employees. The Union is seeking to engage with Management on issues relating to the pay and conditions of its members. To date no meaningful discussions have taken place. On the 25th September, 2012 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 20th February, 2013. The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. The Union is seeking an increase in the basic hourly rate for the General Operative grade within the Company.
2. The Union is seeking the reintroduction of both an overtime rate for all hours worked after 39 hours per week and a premium rate for Shift Workers.
RECOMMENDATION:
The Court finds it regrettable that the Company declined to participate in the investigation of this dispute or to put forward its position on the Union's claims.
The Court can see no reason as to why the Workers associated with this claim should be afforded less favourable terms and conditions of employment, including rates of pay, than those of other Workers engaged in a similar work in analogous employment in which working conditions are determined by collective bargaining.
In the Court's view the present dispute should be resolved by the parties entering into negotiations on the Union's claims with a view to concluding a collective agreement. In those negotiations the object of the parties should be to find a solution that accords with the general principle set out above.
If agreement cannot be reached the services of the Labour Relations Commission and those of the Court are available to the parties and should be utilised.
Signed on behalf of the Labour Court
Kevin Duffy
11th March, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.