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FULL RECOMMENDATION
CD/21/52
CC164751-19 |
RECOMMENDATION NO. LCR22425
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SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES :
SIEMENS HEALTHINEERS
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
MIXED GRADES-PENSION SCHEME MEMBERS ( NUMBER OF WORKERS IN DISPUTE )
(REPRESENTED BY UNITE THE UNION)
DIVISION :
| Chairman: |
Mr Geraghty |
| Employer Member: |
Ms Doyle |
| Worker Member: |
Ms Tanham |
SUBJECT:
1. Scope of Review recommended by LCR 19961
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 25 March 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in a virtual setting on 10 June 2021.
UNION'S ARGUMENT:
1. The terms of Labour Court Recommendation LCR 19961 in 2010 provided for a full review of the Company’s DC Pension Scheme after four years of operation. For various reasons, that review did not take place in 2014.
2. Following some difficulties between the parties regarding the selection of an outside body to conduct the review, agreement was reached. However, the Employer is seeking terms of reference that confine the review to former members of the Company DB Scheme. This is an incorrect interpretation of LCR 19961 as it is not a full review
COMPANY'S ARGUMENTS:
1. Only former members of the Company DB Scheme were the subject of LCR 19961. Therefore, it follows that it was intended that they are the only group to be covered by a review.
2. The review recommended by the Labour Court was not inclusive for staff not named in the original recommendation.
3. The context of LCR 19961 was the cost of the scheme. This situation remains relevant as the plant is in competition with its sister plant in the U. S. and any increased costs could be detrimental going forward.
RECOMMENDATION :
A Recommendation from this Court, in 2010, provided for a full review of the Defined Contribution Scheme after 4 years. It is clear to the Court that, notwithstanding the significant lapse of time, it was the intention that this review would encompass the scheme and its members in totality.
The Court recommends that this intention be given effect in the upcoming review, the scope of which should cover all scheme members and all aspects of the scheme.
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Signed on behalf of the Labour Court |
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Tom Geraghty |
| SL |
______________________ |
| June, 2021. |
Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be addressed to Shane Lyons, Court Secretary.
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