LCR22723

FULL RECOMMENDATION

CD/23/10
CCC-166524-22

RECOMMENDATION NO. LCR22723

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES:

CARGOTEC ENGINEERING IRELAND LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

180 WORKERS
(REPRESENTED BY UNITE THE UNION)

DIVISION:

Chairman:	Mr Foley
Employer Member:	Ms Doyle
Worker Member:	Ms Tanham

SUBJECT:

1.Pay Claim

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 4 January 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 2 March 2023.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The Court notes that substantial constructive engagement has taken place between the parties but that the matter before the Court involves the parties’ efforts to conclude an agreement which, it is agreed, will have a commencement date of 1^stJanuary 2022. Against that background, it is the view of the Court that it is in the interest of good industrial relations between the parties that the matter be brought to resolution as soon as possible.

The Court notes that the parties are agreed that any agreement should provide for an entitlement to two additional days of annual leave.

The Court also notes that, whereas the Employer initially proposed a three-year agreement, and the Trade Union initially proposed a one-year agreement, the dispute now involves the Union’s proposal that any agreement should have a three year duration as against the Employer’s proposal for a two-year agreement. The Court has additionally noted very carefully the parties’ positions in relation to pay and health cover.

Having regard to all of these circumstances and the background of engagement between the parties the Court recommends as follows:

•That a pay increase of 3.5% should take effect from 1^stJanuary 2022
•That a pay increase of 3.5% should take effect from 1^stJanuary 2023
•That an entitlement to two additional days leave per annum should take effect from 1^stJanuary 2023 but that a payment of €275 should be made to each worker in lieu of an increase of two days annual leave in 2022.
•That the agreement should expire on 31^stDecember 2023 and that there will be no cost increasing claims made for the duration of the agreement.

The Court makes no Recommendation that health cover benefit should be implemented as proposed by the employer and rejected by the Trade Union. Any further engagement in relation to this matter should form part of separate negotiations in the event of a claim being brought forward by one party or the other. If no such claim is brought forward in the meantime, the matter should in any event be considered as part of any engagements between the parties in relation to a successor agreement to the agreement made on the acceptance of this Recommendation.

The Court so recommends.

	Signed on behalf of the Labour Court

	Kevin Foley
CC	______________________
9 March 2023	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.