FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COVIDIEN ATHLONE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Pay, and 'service-related' / anniversary leave.
BACKGROUND:
2. This dispute concerns a claim by the Union for an increase in pay and changes to service leave / anniversary leave arrangements in respect of general operatives. 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 31st January, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th May, 2014.
UNION'S ARGUMENTS:
3 1 Addressing the leave issue will facilitate progress on the pay issue.
2 Any resulting increases in cost will be modest when compared to recent comparable agreements.
3 It is noteworthy that, notwithstanding the issues in dispute, there has been industrial peace on the site.
COMPANY'S ARGUMENTS:
4 1 The Company had made a reasonable offer to the Workers.
2 In addition to rejecting these proposals, the Union made additional pay and leave demands.
RECOMMENDATION:
The issues before the Court concern a claim by the Union for (i) an increase in pay and (ii) changes to service leave/anniversary leave arrangements in respect of general operatives.
The Court notes that the previous pay agreement expired on 31stMarch 2013. By letter dated 1stOctober 2013 to the parties the Labour Relations Commission set out the terms of a “Pay and Service Holidays Proposal”. This proposal,inter alia,proposed a two-year pay increase effective from 1stApril 2013 with increases of 1½% per annum. It also included details of arrangements to apply in relation to annual holidays and additional anniversary holidays.
These proposals were rejected by the Union members.
Having considered the submission made by both parties the Court makes the following Recommendation:-
- The Court recommends that the Labour Relations Commission 1stOctober 2013 proposals should be amended to provide as follows:-
Annual Leave from 1stJanuary 2015
0 – 5 years’ service 20 days per annum
5 – 10 years’ service 21 days per annum
10 – 15+ years’ service 22 days per annum
Anniversary Leave, Anniversary Gifts and Service Dinner arrangements should cease with effect from 31stDecember 2014.
Pay Increase
1½% effective from 1stApril 2013;
1½% effective from 1stApril 2014; and
1½% effective from 1stApril 2015 for a period of twelve months.
The Court recommends that this revised proposal should be accepted by both parties and communicated to members in a joint presentation by Management and the Union in an effective manner and should provide an opportunity for all members to vote on the proposals.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th June, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.