FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COVIDIEN TULLAMORE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Setters Pay Claim
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to a pay claim for Setters employed by the Company. The parties have previously been in dispute on this issue and an independent third party specialist agreed by both sides was engaged to evaluate he job and the Setters claim. The Assessor's report issued and did not find in favour of the claim for a pay increase. The Union rejected the Assessor's report and referred the matter to the Conciliation Service of the Labour Relations Commission. As the dispute was not resolved at conciliation the matter was referred to the Labour Court on 25th April 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 21st October 2014
UNION'S ARGUMENT:
3 1 The Union does not accept the methodology and reasoning of the Assessor's report. The Union is seeking that the Court recommends in favour of the claim for a pay increase on the basis of the increased work carried out by the Setters over the last number of years.
COMPANY'S ARGUMENT:
4 1 Management does not consider it appropriate that a pay increase be awarded to the Setters. An agreed Assessor with specific terms of reference issued findings that a pay increase was not appropriate. This was a process that the Union signed up to, the result of which was to be accepted by both parties.
RECOMMENDATION:
Having carefully considered the submissions of both sides to this dispute the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Brendan Hayes
14th November 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.