LCR22949

PARTIES:

DIVISION:

SUBJECT:

1. Pay Terms for a new pay deal.
2. Movement between sites.
3. Overtime Arrangements in Leighlin Quarry.
4. Contact of Employment, Company Union Agreement and Company Handbook.

BACKGROUND:

This matter 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 matter was referred to the Labour Court on 4 December 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 8 February 2024.

RECOMMENDATION:

THE DISPUTE 

The within dispute relates largely to a pay claim on behalf of the general operatives employed by Kilkenny Limestone (‘the Company’) at its three quarries. There are, in addition, a number of other related matters before the Court. They are: overtime arrangements at Old Leighlin; movement between sites and a revised Contract of Employment and Employee Handbook. 

The Union is seeking a three-year pay deal, retrospective from 1 January 2022, at 5% per annum. The Union is also seeking that a travel allowance that is currently paid to workers when temporarily redeployed to an alternative site be retained. In the case of workers at the Company’s Old Leighlin site, the Union seeks restoration, on a red-circling basis, of a pre-2019 overtime arrangement with retrospection to 2019. Finally, the Union is seeking implementation of an agreed, revised Employee Handbook and Contract of Employment. 

The Company informed the Court that it has a preference for a four-year pay deal, structured as follows:  

2022: €750.00 once-off payment (equivalent to 1.5%); 

2023: 3% 

2024: 2.75% 

2025: 2% 

The Company also seeks acceptance of the revised Contract of Employment and Employee Handbook. The Company also requires ongoing flexibility regarding redeployment of workers between sites in order to be able to continue to meet business needs. It submits that – as at present – when redeployment is ‘urgent and unplanned’ both mileage and travel time are paid; when it is planned, mileage only is paid. Finally, the Company submits that the issue of overtime in Old Leighlin was dealt with as part of its Harmonisation arrangements and that as the revised arrangements have been in place there since 2019, the Union’s claim in this regard is out of time and ‘against the principle of remit of harmonisation’. 

DISCUSSION AND RECOMMENDATION 

The Court recommends the following pay increases be applied: 

From 1 January 2022: 3.5% 

From 1 January 2023: 3% 

From 1 January 2024: 3% 

From 1 January 2025: 2.5% 

Overtime in Old Leighlin: The Court regards this matter as having been dealt with and finalised as part of the Harmonisation process. 

Intra-site transfers: The Court recommends that the current arrangements be maintained and that the workers continue to demonstrate flexibility in this regard. 

Handbook and revised Contract of Employment: As these have been agreed by the Union and the Company, they should be implemented with immediate effect. 

The Court so recommends. 

	Signed on behalf of the Labour Court
	Alan Haugh
CDK	______________________
11 April 2024	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Coleen Dunne Kennedy Court Secretary.