FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOC GASES IRELAND LIMITED TRADING AS BOC GASES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION & UNITE THE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. Pay Claim
BACKGROUND:
2. This case concerns a pay claim by SIPTU on behalf of its members employed in various grades in BOC Gases. The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 1st of February 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd of March 2016.
UNION'S ARGUMENTS:
3.1.The Union is seeking a 4% increase in basic pay. During the past eight years the workers have taken on increased levels of flexibility and productivity, whilst also enduring a pay freeze from 2008 to 2014.
2. There has been a general pay increase trend across all Industry Sectors in Ireland over the last few years.
3. The Employer has increased its turnover and profit for many years, which the Workers have contributed towards.
EMPLOYER'S ARGUMENTS:
4. 1.The rates of pay and terms and conditions of employment of the workers concerned compare very favourably with those elsewhere in the industry and across the economy.
2.The parent company, The Linde Group, has suffered significantly due to the downturn in the global economy.
3.The Company needs to maintain competitiveness against its major competitors and ensure that labour costs do not dilute its ability to compete successfully.
RECOMMENDATION:
Having given careful consideration to the extensive written and oral submissions of all parties to this dispute the Court, in the particular circumstances of this case, recommends that the Company offer and the Unions accept the following pay increases:-
A 24 month agreement in two phases as follows:-
Phase 1 to provide for an increase in pay of 2.75% commencing 1 August 2015.
Phase 2 to provide for an increase in pay of 2.75% commencing on 1 August 2016 with the Agreement expiring on 31 July 2017.
The Unions should accept that these increases are in full and final settlement of this dispute and no other cost-increasing claims will be commenced or processed for the duration of the Agreement.
The Unions should further commit to co-operation with normal ongoing change for the duration of the Agreement.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
7th April 2016______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jason Kennedy, Court Secretary.