LCR22835

1. Pay Claim

BACKGROUND:

2. 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 9 May 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 19 September 2023.

RECOMMENDATION:

The matter before the Court is a pay claim by Connect on behalf of ten maintenance craft workers.

The parties have failed to find agreement on a revised rate of pay for maintenance workers following the expiry of a previous pay agreement on 21 March 2022. That agreement applied to all Connect members on site, i.e. Branch No. 1 (maintenance workers) and Branch No. 2 (general operatives). A separate pay agreement has now concluded between the company and Branch No. 2 (general operatives).

Connect contends that the hourly rate of pay of its members has fallen below comparators in the area due to pay freezes over the years. Its pay claim is based on a “Recovery Rate of Pay” aimed at bringing pay rates in line with peers locally.

The Company’s position is that it is not in a position to enter talks on pay recovery. It contends that Branch No.1 and Branch No.2 workers have accepted the same increases in pay for over twenty years, and to offer pay increases that differ significantly would impact relations on site.

The parties have provided comprehensive written and oral submissions to the Court, which the Court has carefully considered.

The Court notes that a final offer made by the company at conciliation on 22 February 2023 included an additional 1% increase to apply from January 2025, which was over and above the increases agreed with Branch No. 2 (general operatives). That offer was rejected by the maintenance workers and so withdrawn by the company.

Having regard to all of the circumstances, the Court recommends that the revised offer made by the company at conciliation, which includes an additional 1% to apply from 1 January 2025, should be reinstated by the company and accepted by the union. That offer in full provides as follows:

• 1 April 2022 3% (which incorporated €500 lump sum)

  1 January 2023 3% + 1% increase in shift premium

  1 January 2024 2.5% + 1% increase in shift premium

  1 January 2025 1%

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
GOG	______________________
10 October 2023	Deputy Chairman