FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOXMORE PLASTICS LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Pay Claim
BACKGROUND:
2. This 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 19 May 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 30 August 2016.
UNION'S ARGUMENTS:
3. 1. The Company has been making profits year on year from 2011 but still the Company won’t acknowledge the workers claim and award them a pay increase.
2. The workers have not received a pay increase since 2007 and the Company refused to enter meaningful discussions on the matter.
3. The workers have shown a great deal of flexibility and embraced natural on-going change to assist the Company over the same period of time as they have not received a pay increase.
COMPANY'S ARGUMENTS:
4.1. The Company is going through a difficult and uncertain period and there is a genuine danger that the Company will not be able to remain viable.
2. The necessity to increase productivity is a paramount issue and any increase in pay must be self- financing.
3. Unless such improvements in productivity are obtained, there is a strong likelihood that further significant redundancies will have to be effected in the next 2 years. The Company has shown a willingness to engage in meaningful discussions but any discussions must be premised on there being a willingness on the part of the Union to agree to changes to work practices and increases in productivity.
RECOMMENDATION:
The Court has given careful consideration to the extensive submissions of both parties to this dispute.
The Court recommends that the Company increase the pay of the workers concerned by 1% with effect from 1 March 2016 and by a further 1% with effect from 1 September 2016. The Pay Agreement should expire on 28 February 2017.
In return the Union should enter into immediate discussions with the Company on measures designed to improve the productivity and efficiency of the plant. Those discussions should be progressed through direct discussions and the WRC when appropriate and should be completed within 12 weeks of the date of this recommendation.
Any issues that remain outstanding at the end of that period should be referred back to the Labour Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
31 August 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.