LCR16332

FULL RECOMMENDATION CD/99/392 RECOMMENDATIONNO.LCR16332 (CC99/226) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ABS PUMPS LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr Rorke

SUBJECT:
1. 2% local bargaining under Partnership 2000.



BACKGROUND:

2. The claim is on behalf of approximately 90 workers in the administrative, supervisory and technical grades, and is for the application of the 2% available under Clause 2(iii) of Partnership 2000, due from the 1st of January, 1999.

The claim was initially lodged by the Union in August, 1998. The Union's view is that the 2% should be paid automatically whereas the Company believes that the "local bargaining clause" should apply and that the workers should give something in return. A review of the sick pay scheme and the introduction of computerised time and attendance have been proposed by the Company.

The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 22nd of April, 1999. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 13th of July, 1999, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th of October, 1999, the earliest date suitable to the parties.


UNION'S ARGUMENTS:

3. 1. The workers concerned are seeking the application of the 2% on the same basis as the vast majority of their colleagues in the workforce who have received same with "no strings attached". A number of recent Labour Court Recommendations support this view.

2. The Company's argument that the workers have already received an 8% pay increase for a World Class Manufacturing (WCM) Agreement is a separate issue, and was agreed outside the terms of Partnership 2000.

3. The workers have embraced change when necessary, and have contributed to the success of the Company.



COMPANY'S ARGUMENTS:

4. 1. Clause 2 of Partnership 2000 refers to "local level negotiations" and consideration of "the full regard to the costs involved". The Company is willing to discuss the 2% of Partnership 2000 with the Union, but only in the context of local negotiations.

2. The Company has already paid a phased 7.95% increase over and above the basic terms of Partnership 2000 in return for the WCM Agreement. This renders the Company different to other companies which have automatically paid the 2%.




RECOMMENDATION:

The Company is not pleading inability to pay the 2%, but believes that there should be local negotiations on terms and ways of reducing cost effects.

The Court, having considered all the information supplied, is satisfied that under the terms of Partnership 2000, the Union is entitled to payment of the 2% and that this be paid from the 1st of January, 1999.

The Court notes the Union's willingness to discuss Company issues of concern, and recommends that the Company raise these issues with the Union.



Signed on behalf of the Labour Court



Finbarr Flood
29th October, 1999______________________
C.O'N./D.T.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.