LCR22418

1. Pay Issue.

BACKGROUND:

2. This dispute could not be resolved at local level and was the subject of three Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 20 March 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 3 June 2021.


UNION’S ARGUMENTS:

3. 1. The dispute has its origins in the non-payment of the 2015, 2016 and 2017 Contract Cleaning ERO for 3 industrial cleaning members, contrary to an agreement reached in November 2017, which provided for the application of ERO increases. This agreement provided for the application of ERO increases to industrial cleaners who are paid €1 per hour above the ERO rates.

2. The agreement made by the company on the 20^th of November 2017, was implemented for all of the cleaning members except for three members.

3. There was no agreement, nor was it referenced by the company at the time, to exclude the three people concerned, simply because they were in receipt of pay rates above the other cleaners.




EMPLOYER’S ARGUMENTS:

4. 1. The staff members in question are well paid relative of other employees in the sector. They are paid in excess of their industrial cleaner colleagues who have the same duties as them and who are paid €1 per hour above the ERO rates.

2. The Contract Cleaning ERO sets minimum rates of pay for employees in the sector. It does not impact the pay of those who are paid in excess of the rate and thus has no application to the 3 staff members covered by this claim.


3. The Employer applied a 40c per hour increase to the rates of pay of the people concerned, offered a further increase in pay, (that was rejected), and is prepared to deal with the Union in respect of future pay claims on behalf of the staff concerned.

RECOMMENDATION :

The Court recommends that the pay of the 3 workers covered by the Union’s claim should be increased by 1.5% from 1 June 2020.

The Court also recommends that the parties engage with a view to reaching agreement regarding the means for determining the pay of the 3 workers concerned into the future.

	Signed on behalf of the Labour Court
	Tom Geraghty
CO'R	______________________
9 June, 2021	Deputy Chairman