LCR22838

1.Supplementary Pay Claim.

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 5th June 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 19th September 2023.


UNION'S ARGUMENTS:

3. 1.The Union seek an additional 7.5% increase in pay due to the increase in the cost of living, and the increase in the Company profits.

2.The Union seek an increase in the value of a tax-free voucher from €500 to €1000.



EMPLOYER'S ARGUMENTS:

4. 1.A 3 year pay agreement in place does not expire until December 2023 and clearly states there will be no further pay claims during the lifetime of the agreement.

2.The claim before the Court is in total contravention of that agreement.

RECOMMENDATION:

The dispute before the Court is a supplementary pay claim.

The company operates two sites in Dungarvan – the OTC and OC sites – with approximately 930 workers between both sites. Unite represents all workers on site. The Union’s claim is made on behalf of 55O workers employed at the OTC site.

A three-year pay agreement was concluded between the parties in May 2022, which applies to all workers represented by Unite across the two sites.That agreement expires on 31 December 2023.

The union now seeks an additional 7.5% pay increase over and above that agreed for 2023 for members employed at the OTC site, together with an increase in the value of an additional voucher from €500 to €1,000.

The company rejects the claim. Its position is that the supplementary claim for the OTC site is a total contravention of the agreement concluded between the parties in 2022. It is willing to enter early discussions on a new pay agreement for 2024 and 2025.

The Court notes that the agreement concluded in May 2022 and signed by both parties provides as follows :- “there will be no further general pay increasing claims during the lifetime of this agreement".

The long-standing position upheld by the Labour Court is to uphold collective agreements between parties, unless requested by the parties to do otherwise. In that context, the Court finds that the agreement freely entered into between parties in May 2022 remains in force until it is varied by agreement between the parties. It is clear that no such agreement to vary it exists in this case.

In response to questions from the Court, both parties acknowledged that issues of concern to the union in relation to the cost-of-living and other matters can be encompassed as part of discussion relating to any new pay agreement.

Having regard to the above, the Court cannot recommend concession of the union’s claim.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
GO'G	______________________
13 October 2023	Deputy Chairman