FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COMPLETE HIGHWAY MAINTENANCE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. Hearing Arising From LCR 20307- (1) Pay Structure & (2) Overtime.
BACKGROUND:
2. The case before the Court concerns a dispute regarding pay and overtime rates. The longstanding dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was initially referred to the Labour Court on the 12th March, 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 7th June, 2012. Following the hearing, the Court recommended that the parties engage further on the issues in dispute..(LCR 20307) It further recommended that the parties thereafter refer outstanding matters back to the Court for a definitive recommendation. The parties returned to the Court on 8th February, 2013 and subsequently on 25th September, 2013 seeking a definitive recommendation from the Court. The parties exchanged and submitted additional information to the Court after that hearing.
UNION ARGUMENTS:
3. 1. Workers should be paid an appropriate premium for all overtime hours worked.
2. The Union notes the Company’s trading and financial position. However it is not convinced that the Company cannot afford to meet the claim before the Court.
3. These matters have be exhaustively canvassed by both sides and a definitive recommendation from the Court is necessary to bring this matter to finality.
EMPLOYER ARGUMENTS:
4. 1. The Company does not have the financial capacity to contemplate cost increasing claims at this time.
2. In an effort to go some way towards meeting the Union’s aspirations the Company has made proposals that provide for a combination of revised working arrangements and pay increases that meet the needs of both sides.
3. Competition in the industry is intense and any pay increases recommended by the Court will impact on employment levels within the Company.
RECOMMENDATION:
Having considered the submissions of both parties to this dispute the Court recommends that the Company increase the basic hourly rate of General Operatives to €10.50 per hour with effect from 1 January 2014. All other rates of pay should be adjusted pro rata. Other terms and conditions of employment should remain as heretofore.
The parties should review the matter again in January 2015.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
4th February 2014______________________
CRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.