LCR22448

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

TIPPERARY CO-OP
(REPRESENTED BY ARRA HRD)

- AND -

6 DRIVERS/YARD STAFF
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION

DIVISION :

SUBJECT:

1. O'Brien Street Operation/Sedex, OWT Act Compliance

BACKGROUND:

2. This dispute could not be resolved at local level and was the subject of a number 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 28 April 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A virtual Court hearing took place on 11 August 2021.


3. UNION'S ARGUMENTS

1. The Unions members believe that the range and nature of tasks associated with the evolving roles of both Yard Workers and Truck Drivers, warrant a grade increase reflective of the additional responsibility.

2. The Union state that it is a reasonable claim to make given the evolving nature of the jobs in question and the additional demands and responsibility that will be placed upon their members.

4. COMPANY'S ARGUMENTS:

1. The Company state that the proposals as submitted and rejected by the Union members in January 2021 represent a fair and reasonable outcome to protracted negotiations.

2. Any further alterations to the proposals set out would seriously jeopardise the integrity of the grading system that has been negotiated and that has worked successfully over the past three years.

RECOMMENDATION :

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

The Court notes that the parties have engaged comprehensively over a long period of time, including with extensive assistance from the Workplace Relations Commission, and in particular notes the fact that proposals which were developed in those engagements have been rejected on two occasions.

The Court has considered the detail of the proposals made by the Company in January 2021 which developed and enhanced an earlier proposal which was rejected. The Court takes particular account also of the fact that the grading scheme in the employment is an agreed scheme.

The Court notes that the Trade Union seeks the enhancement of the grade of individuals as an amendment to the January 2021 proposals. Those proposals carry direct financial benefits for the members affected, structured in a manner which does not impact the agreed grading scheme. The Court considers that this approach is the correct one in all the circumstances.

Taking all matters into account, it is the view of the Court that the January 2021 proposals, which were recommended for acceptance by the Trade Union representatives, constitute a fair and reasonable basis for resolution of the within dispute.

The Court therefore recommends that both parties reflect on the significant efforts they have made together in their attempt to find agreement and that both parties should, in that context, accept the January 2021 proposals in their entirety as a fair and reasonable resolution of the matters in dispute.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.