FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MONDELEZ IRELAND LTD - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Pay & change proposals.
BACKGROUND:
2. This dispute concerns the Company's three-year pay and change proposal. 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 25th April, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th June, 2014.
UNION'S ARGUMENTS:
3 1 The Workers have pragmatically co-operated with previously outsourced work.
2 The Workers are fearful that further outsourcing will threaten their continuing employment.
3 The Workers should not be expected to risk redundancy in return for a modest pay increase.
COMPANY'S ARGUMENTS:
4 1 The Company has negotiated similar pay agreements with other Workers.
2 Concession of this claim would inevitably lead to the unravelling of those agreements.
3. After three years of talks any further discussion cannot possibly be justified.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court recommends that the Company confirm it will engage contractors in accordance with the terms and guiding principles set out on page 8 of appendix 2 of the booklet of appendices attached to its submissions to the Court.
Subject to that commitment, the Court recommends that the Union agree to the proposals set out by the Company in return for the pay increases on offer which the Court understands have been applied to all other categories of staff.
Finally, the Court notes the Company’s commitments regarding apprentice training and job security respectively inherent in the terms on offer to this category of staff.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
23rd July, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.