FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : STOBART (IRELAND) DRIVER SERVICES LTD (REPRESENTED BY PURDY FITZGERALD SOLICITORS) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Hearing arising from Labour Court Recommendation Number 20823.
BACKGROUND:
2. The case before the Court concerns outstanding issues arising from Labour Court Recommendation Number 20823, issued to the parties in August, 2014. The Union subsequently contacted the Court seeking a definitive recommendation on matters remaining unresolved. The following is the Recommendation of the Court:
RECOMMENDATION:
The Court issued Labour Court Recommendation No: 20823 under Section 20(1) of the Industrial Relations Act 1969 concerning the Union's claims for a pay increase and the introduction of a shift allowance for HGV Drivers.
In that Recommendation the Court recommended that negotiations should immediately take place between the parties, however, if such negotiations were not concluded by 7thNovember 2014, then the Court provided that the issues could be referred back to the Court for a definitive Recommendation.
By letter dated 11thNovember 2014, the Union informed the Court that no progress had been made on the recommended negotiations. By letter dated 12th December 2014, the Company informed the Court that it had introduced a Drivers' Committee and it intended to enter into negotiations with it early in January 2015 to discuss terms and conditions including pay.
The Court is satisfied that the terms of the Recommendation have not been fulfilled and therefore in accordance with its terms the Court hereby makes the following Recommendation on the two claims:-
Pay Increase
Firstly, the Union submitted that the rates of pay for Drivers who transferred over to this Employer from Keelings Group are paid €20.41 per hour, whereas the Drivers who are covered by this part of the claim are paid substantially less. The Union provided the Court with details of rates for Drivers in similar type employments.
Having examined these rates the Court is satisfied that they are reflective of rates applying in these sectors. Therefore, in all the circumstances the Court recommends that the Company should increase the rates of pay for these Claimants to €13.50 per hour. Furthermore the Court notes that the existing basic rate is increased proportionally to reflect night time working hours (6.00pm to 6.00am), Saturday day and night working , Sunday working and also Public holiday working. Therefore the Court further recommends that the recommended basic rate of €13.50 per hour should similarly be proportionally increased to reflect these working arrangements.
Secondly, the Union also sought an increase in pay to reflect the cost of living of the transferred workers as they have not received an increase since 2010.
As the Company recognises the Union for collective bargaining purposes for these workers, the Court recommends that their claim should be the subject of further discussions between the parties.
Introduction of a Shift Allowance
The Union submitted that the Company had introduced a new rotating roster since the end of 2011, where previously there were fixed starting times, with some flexibility. A new roster has been introduced since March 2013. The new roster involves starting in three hour bands, e.g. 12 am to 3 am for three weeks, and 3am to 6am for three weeks and so on throughout the day. The Driver receives 12 hours’ notice each day of their starting time the following day within the three hour band.
The Court does not recommends in favour of this aspect of the Union’s claim as it is satisfied that the current arrangements as outlined above, coupled with the recommended increases in the applicable rates, meet the claim as presented to the Court.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
23rd January 2015______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.