FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ICDS CONSTRUCTION LIMITED (REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Shift Premium, Incremental Scale, 15 Minute Paid Break for Electrician, and the Application of LRC Code of Practice in relation to disputes in Essential Services
BACKGROUND:
2. This case concerns a dispute between the Company and the Union in relation to pay rates/scales, paid breaks and the application of the LRC Code of Practice in relation to disputes in essential services. The Union is seeking a pay increase on the basis that the workers in question are not paid in line with comparable employments. It is also seeking that one worker be given an additional 15 minute paid break as his paid break times were reduced unilaterally by Management. The Union will consider the application of the LRC Code of Practice in the context of a resolution on the other issues in dispute. Management's position is that the pay rates are not out of line with comparable employment. In relation to the paid breaks management contends that the worker was overpaid on the basis that all breaks were included in his weekly earnings and this was subsequently rectified. In relation to the LRC Code of Practice on disputes in Essential Services, Management contend that it is of extreme importance that this be accepted by the Union.
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 was not reached the matter was referred to the Labour Court on 10th June 2013. A Labour Court hearing took place on the 18th October, 2013.
The following is the Court's Recommendation:
RECOMMENDATION:
Having considered the submissions of both parties the Court recommends as follows:
Pay Rate/ Incremental Salary Scale/ Shift Rate
The Court finds on the evidence presented to it that the rates of pay of the workers concerned are out of line with those in comparable employment. The Court recommends that the pay rates in the Company be increased by 3% for a period of 9 months with effect from 1st December 2013 and by a further 3% for a period of 9 months with effect from 1st September 2014. At that time (after 1st June 2015) the parties should review the rates of pay in operation in the sector and engage further in that context.
Paid Break
The Court takes the view that the treatment of the pay of the individual named Claimant for the purposes of rest breaks should be brought into line with those of all other staff with effect from 1st January 2014.
Essential Services
The Court recommends that the Union confirm in writing its undertaking to abide by the LRC Code of Practice for Essential Services in relation to the operation of the facility.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th November 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.