LCR22593

FULL RECOMMENDATION

CD/22/32

RECOMMENDATION NO. LCR22593

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

KILKENNY COUNTY COUNCIL
(REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY)

- AND -

SIX WORKERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman:	Mr Geraghty
Employer Member:	Mr O'Brien
Worker Member:	Mr Bell

SUBJECT:

1.Overtime and related matters.

BACKGROUND:

2.This dispute concerns overtime and related matters. The Union referred the case to the Labour Court on 8 February 2022 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 11 May 2022 in a virtual Court room.

UNION'S ARGUMENTS:

1. The Employer withdrew overtime payments from the Workers and refused to engage meaningfully with the Union over a prolonged period.
2. The Union seeks payment of overtime due to the workers concerned and a direction from the Court to the Employer regarding engagement with the Union.

EMPLOYER’S ARGUMENTS:

1. The Employer is willing to utilise all agreed procedures in dealing with the matters in dispute, has participated in all agreed processes and has never refused to engage with the Union.

RECOMMENDATION:

This case was referred to the Court under s.20(1) of the Industrial Relations Act 1969.

There are well established procedures in place in this employment for the resolution of disputes and the Court cannot see how it would assist the parties to make any recommendation under s.20(1) in respect of the matters before the Court.

The Court recommends strongly to the parties that they utilise the procedures in place in order to resolve any matters in dispute. The Court notes that issues that cannot be resolved can be referred to the Court for recommendation in accordance with s. 26 of the Act, should it be necessary. In this regard, the Court takes account of the assurance by the Employer that they will co-operate with the utilisation of existing procedures in respect of the matters that are the subject of this claim.

The Court regards it as an undesirable practice for a party that has established dispute resolution procedures in an employment to resort to using s.20(1) before those procedures are exhausted. It is clear to the Court that the unusual circumstances of this particular dispute are indicative of broader problems between the parties and the Court recommends further that the parties avail of the assistance of the Workplace Relations Commission in addressing any broader issues of concern.

	Signed on behalf of the Labour Court

	Tom Geraghty
SOC	______________________
20 MAY 2022	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Sinead O'Connor, Court Secretary.