FULL RECOMMENDATION
CD/22/19 CCC-165587-21 | RECOMMENDATION NO. LCR22584 |
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES :FOYLE FOOD GROUP (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
238 GENERAL OPERATIVES (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
DIVISION :
Chairman: | Mr Geraghty | Employer Member: | Mr Marie | Worker Member: | Mr Hall |
SUBJECT:
1.Pay and related Issues.
BACKGROUND:
2.This dispute could not be resolved at local level and was the subject 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 21 January 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 4 May 2022.
3.An initial offer by the Employer of 1% pay increases in 2020, 2021 and 2022 with provision for 6 compulsory Saturdays to be worked at peak time, was rejected by the Union. At conciliation, this offer was increased to 2% increases in each of the years, with provision for the compulsory Saturday working. A ballot of Union members rejected this offer.
UNION'S ARGUMENTS:
1. The Union is not agreeable to the proposal regarding compulsory Saturday working.
2. The Union seeks the following pay increases- - 2% basic pay increase to be paid retrospectively from January 1st, 2020
2% basic pay increase to be paid retrospectively from January 1st, 2021 6% basic pay increase to be paid retrospectively from January 1st, 2022; Expiry on December 31st, 2022. 3. The Union is agreeable to co-operation with normal, on-going change.
EMPLOYER'S ARGUMENTS: 1. The Employer is prepared to make the following offer; 2% backdated to the 1st of January 2020 for all current employees 2% backdated to the 1st of January 2021 for all current employees 2% to be applied automatically on the 1st of January 2022.
2. This offer is contingent on acceptance of a commitment that workers will co-operate with up to six compulsory working Saturdays between the 1st of October and the end of the second week of December annually, for which overtime will be paid.
3. In the absence of agreement to this proposal, the Employer is prepared to make a reduced offer of 1% increases in each of the years.
RECOMMENDATION:
Having heard the parties, the Court recommends the following pay increases;
2% from 1 January 2020 2% from 1 January 2021 2% from 1 January 2022. The Court notes that the Employer wishes to secure agreement to some compulsory Saturday overtime and further recommends that the parties engage on this proposal with a view to determining if agreement can be reached that accommodates both this and the further pay aspirations of the Workers. It is open to the parties to avail of the assistance of the Workplace Relations Commission and, if necessary, this Court in reaching a resolution. | Signed on behalf of the Labour Court | | | | Tom Geraghty | SOC | ______________________ | 11 MAY 2022 | Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Sinead O'Connor, Court Secretary. |