FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : THERMO KING (GALWAY) (REPRESENTED BY IRISH BUSINESS EMPLOYERS' CONFEDERATION) - AND - UNITE THE UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr Hall |
1. Dispute involving promotional grades.
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 26 October 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 24 January 2018.
UNION’S ARGUMENTS:
3. 1. Where an individual has six months' cumulative service over a two-year period in a promotional position, he or she should retain the grade and associated pay rate.
2. The approach taken by the Company allows for accrual of promotion to be used punitively.
EMPLOYER'S ARGUMENTS:
4. 1. There is a Company/Union agreement already in place in relation to promotional grades and this should remain valid in its existing format.
2. The Company believes that the current procedure is reasonable in its existing form and should be maintained.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Court notes that current arrangements have operated by agreement between the parties for many years. The arrangements are reduced to writing in the ‘Yellow Book’. The Court, in reading Clause 3.4 of that book in its entirety and having heard the submissions of the parties, concludes that the practice has been that a grade is retained only where the temporary upgrade has been for a period of longer than six consecutive months.
The Court however does not consider it unreasonable that agreements should evolve and develop over time in light of experience.
The Court therefore recommends that clause 3.4 of the ‘Yellow Book’ should be developed to clarify that where a person is upgraded for longer than a total of six months in a nine-month period, the person will retain the grade.
This development of Clause 3.4 of the ‘Yellow Book’ should be accepted in full and final settlement of the matter before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
19 February 2018.______________________
MNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.