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LCR22607

FULL RECOMMENDATION

CD/22/44
CCc-166148-21
RECOMMENDATION  NO.  LCR22607

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990


PARTIES :
MTL PEEL PORTS
(REPRESENTED BY LORNA LYNCH B.L.
INSTRUCTED BY DILLON EUSTACE LLP)

- AND -

40 WORKERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION :

Chairman: Mr Geraghty
Employer Member: Mr O'Brien
Worker Member: Ms Treacy

SUBJECT:

1. Increase In Current Shift Premium

BACKGROUND:

2. SIPTU lodged a claim for an increase in the shift premium applicable to their General Operative members in the employment. Local discussions took place between the parties but they were unable to reach agreement.
SIPTU referred the dispute into the WRC for conciliation. A virtual conciliation conference took place
on 9th February 2022. No agreement was reached.

Union Position

SIPTU is looking for the shift premium to be increased to 33% from 18.5%.

Management Position

Management believes that an increase to the shift premium is not merited as the workers’ basic pay is already considerably higher than comparable workers who are employed at other terminal companies located in Dublin Port.

RECOMMENDATION :

The Court is not in a position to ascertain if significant matters asserted by both parties have any basis in fact. It is clear to the Court that discussions at the Workplace Relations Commission are incomplete and that the parties need to re-engage there in order to make further efforts to resolve the dispute and to explore any facts that are not agreed.

If the dispute cannot be resolved, the matter can be referred back to this Court for recommendation. If that is to be the case, the Court will expect that assertions made will be backed up with evidence to enable the Court to reach its decision.

The Court so recommends.

Signed on behalf of the Labour Court
Tom Geraghty
DC ______________________
9 June 2022 Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.