FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SLEEVER INTERNATIONAL LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Treacy |
1. Pay Increase.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union in relation to a pay increase. The dispute relates specifically to the Union's claim for a pay increase on behalf of approximately thirty of its members employed as Print Operatives. It is the Union's claim that its members have not received an increase in pay since 2013 and it is seeking an increase of 5%.The Employer rejects the Union's claim, arguing that in order to remain competitive it is not in a position to concede the claim. 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 7th November, 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd January, 2018.
UNION'S ARGUMENTS:
3. 1. The Claimants have not received a pay increase since 2013.
2. The Union contends that the Employer has not pleaded inability to concede its claim.
3. The Union further contends that the Employer is acting outside of industry norms by refusing to implement the increase sought by the Union.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer maintains that while it has offered a two-phase increase of 3% over 2 years to the Union, it is not in a position to concede the Union's claim in its totality.
2. The Employer asserts that it must remain competitive and a claim of this nature would affect its competitive position greatly.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Court notes the extended history of engagement between the parties and notes the Trade Union side submission that the hearing of the Court post dates its claim by 22 months.
The Court, taking account of all matters put before it including (a) the claim of the Trade Union, (b) the offer made by the company, (c) the detail submitted as regards trends in the sector and (d) the jointly acknowledged unique position of this company; recommends that the parties conclude an agreement addressing pay movement for 2016 and 2017 as follows:
•2% With effect from 1stJanuary 2016
And
•2% with effect from 1stJuly 2017.
•Agreement to expire on 31stDecember 2017.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
8th January 2018______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.