FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ELECTRICAL CONTRACTORS ASSOCIATION AND ASSOCIATION OF ELECTRICAL CONTRACTORS IRELAND - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. National Pay Claim
BACKGROUND:
2. This case concerns a dispute between the parties in relation to a claim by the Union for a 5% increase in pay for 12 months for its members employed in the Electrical Contracting Industry. The Employer Organisations [Electrical Contractors Association (ECA) and the Association of Electrical Contractors Ireland (AECI)] are willing to enter into discussions with the Union in relation to a pay increase within the context of discussions on a Sectoral Employment Order (SEO) for the sector. The Union's claim is for an interim pay increase of 5% for 12 months.
The dispute was not 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 matter was referred to the Labour Court on 19th November 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 8th January 2016.
UNION'S ARGUMENT:
3 1 The Union is seeking a 5% pay increase for 12 months irrespective of discussions that may take place between the parties on an SEO. Electricians working within the Electrical Contracting Sector have endured a pay freeze for almost 10 years which is unacceptable. The Union considers its claim to be fair and reasonable given the current improvements within the sector generally.
EMPLOYERS ARGUMENT:
4 1 The Employers cannot concede the Union's claim as presented given the competitive pressures within the sector but are willing to enter into discussions for a pay increase within the context of discussions on a SEO.
RECOMMENDATION:
The Court has carefully considered the submissions of the parties and the detail supplied at the hearing.
The basis for the Court’s consideration of this matter is a pay claim served by the TEEU. The Court has been made aware of a willingness on the part of all parties to explore the possibility of concluding a national agreement dealing with a range of matters in this industry including pay.
The Court recommends that the parties should engage immediately and intensively, with the assistance of the Workplace Relations Commission if considered necessary, in order to address the Union side pay claim and to explore fully the possibility of achieving a national agreement covering certain terms and conditions of employment in the industry, including rates of pay.
The Court recommends that this intensive engagement should take place for a four week period up to and including 5thFebruary 2016. If agreement has not been reached on pay matters at that time as part of those discussions the parties should inform the Court. The Court may seek to meet the parties at that time but in any event will issue a definitive Recommendation in the matter of the Union side pay claim.
Signed on behalf of the Labour Court
Kevin Foley
11th January 2016______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.