FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : VALE OIL COMPANY LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Review of wages/earnings and re-introduction of truck wash allowance.
BACKGROUND:
2. This dispute concerns a claim for an increase in the rate of pay and the re-introduction of the truck wash allowance. 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 8th June, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th October, 2015.
UNION'S ARGUMENTS:
3. 1 The members have to do more deliveries and work longer hours to try to maintain a reasonable level of earnings.
2 The Union argues that their claim for some improvement in the commission rate structure is reasonable due to the Company's unwillingness to consider the introduction of a minimum basic weekly rate.
3 The truck wash allowance that was unilaterally stopped by the Company in 2012 without agreement should be re-introduced over two years from 2015.
COMPANY'S ARGUMENTS:
4. 1 The Company is a small indigenous company competing against much larger players in the market and is working with very tight margins.
2 The company has been experiencing cash flow problems and has not made any capital investment in the last 5 years.
3. The Company proposes that the truck wash allowance should be re-introduced over three years.
RECOMMENDATION:
This is a claim by the Union on behalf of Drivers employed in the Company for improvement in Driver’s earnings which are based on the volume of sales delivered and on the method of payment collection from customers. It maintained that as sales have decreased and deliveries are smaller, this has had consequences for Driver’s earnings. It says that they must work longer hours to maintain previous levels of earnings. The Union also sought the re-introduction of a truck wash allowance and a six months' paid sick pay scheme.
The Company stated that it has and continues to face significant financial challenges and has experienced losses over a number of years from increased competition in the market, reduced income and increasing bank charges. Its key objective is to remain viable and retain employment. It made an offer to the Union to address the Driver’s concerns, however the offer was rejected.
Having considered he submissions of both parties the Court makes the following recommendation as a composite package, in full and final settlement of all issues before the Court :-
Commission Payments: -
The Court does not recommend a change to the commission on credit card payments, it recommends that the commission on Laser card payments should be increased to €13.00 per 1000 litres.
The Court does not recommend a change to the period before a customer is classed as a “credit payment”, which is currently set at one day.
Truck Wash Allowance:-
The Court recommends a restoration of the “truck wash allowance”, 50% should be paid in 2015 and 50% in 2016, as sought by the Union.
Sick Pay Scheme:-
The Court does not recommend in favour of changing the current sick pay arrangement of three months full pay followed by three months half pay.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd November, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.