FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BAUSCH & LOMB - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. 1. Recognition for added hour 2. Sick Pay 3. Length of pay deal 4. New starter rate.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 21 June 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 17 August 2016.
UNION’S ARGUMENTS:
3. 1. The Union submitted that despite its best efforts the parties had failed to reach agreement on the length of the pay deal, the level of increase to be applied or the proposed rates for "New Starters" .
2. It sought compensation in the form of 3 additional days annual leave for continuing to co-operate with the 40 hour week introduced in 2014. It submits that this is no more than reasonable and proportionate compensation for the additional hours worked.
3. The Union seeks an increase in sick leave to seven weeks per annum.
EMPLOYER'S ARGUMENTS:
4. 1. The Company submits that its proposals on pay and starter rates are reasonable and commensurate with the maintenance of good well paid employment.
2. The proposed increase in paid sick leave is reasonable as it takes into account each employees needs and record and discourages casual absenteeism.
3. The maintenance of the forty-hour week is critical to ongoing competitiveness. The Company acknowledges the co-operation it has received from the workforce and proposes to recognise that by increasing annual leave entitlements by one additional day each year going forward.
RECOMMENDATION:
Having given careful consideration to the submissions of both parties to this dispute the Court recommends as follows
1. That the current sick pay scheme remain in place2. That the Company operate for the duration of the Pay Agreement a supplementary sick pay scheme with qualification requirements similar to the current scheme that provides for an additional 3 weeks’ sick pay over a 24 month period.
3. That the parties review the sick pay arrangements in the second half of 2018 with a view to agreeing a new scheme in line with appropriate comparators and the commercial circumstances of the Company at that time.
4. That, with effect from the commencement of the current leave year, the Company increase the annual leave entitlement of all staff by two days per annum and that the Union reaffirm its commitment to a standard 40 hour working week in accordance with the terms of the survival plan agreed between the parties in 2014.
5. The Court recommends the following “New Starter Rates of Pay”
- First 6 Months of Employment 75% of full rate
Second 6 Months of Employment 85% of full rate
Third 6 Months of Employment 95% of full rate
Thereafter the full rate should apply.
- 2.75% with effect from 1 August 2016
2.25% for with effect from 1 September 2017
- First 6 Months of Employment 75% of full rate
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
09 September 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.