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2003

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LCR17377

FULL RECOMMENDATION

CD/02/401
RECOMMENDATIONNO.LCR17377
(CC01/2209)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
BWG FOODS LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
SUBJECT:
1. Clerical rates.


BACKGROUND:

2. The dispute concerns a claim by the Union for improved rates of pay for clerical staff at the Distribution Business Centre of the Company which is based at the Galvone Industrial Estate, in Limerick.

The matter was the subject of a conciliation conference under the auspices of the Labour Relations Commission on the 15th of July.






As no agreement could be reached, the matter was referred to the Labour Court on the 17th of July, 2002, under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th of December, 2002, in Limerick.

UNION'S ARGUMENTS:

3. 1. The Company has been selective in their approach to dealing with this pay claim. They have been in a position to offer up to 15% increases above the terms of PPF in certain outlets; but have taken a much firmer stand in relation to clerical rates in Limerick.

2. The workers were willing to offset a realistic increase through productivity measures, but believe that the type of measures sought by the Company merits a much better offer in relation to pay rates.

3. Currently point 9 of the Dublin scale is €19.68 ahead of the Limerick point 9. At the maximum of the scale employees in Dublin are €87.00 per week better off than Limerick employees, who the same length of service.

4. The situation is grossly unfair to Limerick staff , who are doing the same work as their Dublin based colleagues.


COMPANY'S ARGUMENTS:

4. 1. The Company has honoured all of its obligations under the national wage agreement to date.

2. In reviewing the rates of pay that are generally applicable within the Mid West Region for clerical staff, the Company is satisfied that the wage scale offered is competitive and in line with rates pertaining generally within the wholesale distribution sector.

3. The Company has experienced very significant increases in its insurance, energy and other operating costs in the past twelve months, which are not recoverable from customers.

4. This is a cost increasing claim and is in breach of the terms of Programme for Prosperity and Fairness.

RECOMMENDATION:

It would appear that one of the significant factors in the rejection of the Labour Relations Commission proposal was the concerns of the staff in relation to the extent of flexibility being sought by the Company.

It is the Court's view that the package proposed following Labour Relations Commission discussions is reasonable taking into account the Company circumstances at present.


The Court recommends that the claimants accept the proposal formulated at the Labour Relations Commission, subject to an acceptance by management that concerns that arise in relation to the implementation of the agreement will be discussed between the parties.




Signed on behalf of the Labour Court



Finbarr Flood
13th, January, 2003______________________
HMCD/MB.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.




 
 
 
 
 
 
 
 
 

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