Labour Court Database
File Number: CD91633
Case Number: LCR13518
Section / Act: S26(1)
Parties: WATERFORD CRYSTAL - and - NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
Dispute concerning the non-acceptance by fitters of a comprehensive agreement.
Division: CHAIRMAN Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91633 RECOMMENDATION NO. LCR13518
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACTS, 1990
PARTIES: WATERFORD CRYSTAL
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
1. Dispute concerning the non-acceptance by fitters of a
2. 1. A Labour Court investigation into the above dispute took
place in Waterford on 17th December, 1991.
2. Having regard to the submissions of the parties and the
discussions which took place during the hearing, the Court sets
out below the clarifications which were agreed and makes
recommendations on matters which remained in dispute.
1.6 With clarification by the Industrial Relations Officer
and on the understanding that existing agreements will
not be unilaterally altered.
1.7 The Company agreed that if there is disagreement between
the parties regarding an issue arising from this
provision, the matter will be subject to the agreed
2.3 The words - "within the individual craft function" will
be inserted after the word "interchangibility" on line
two of this provision.
Sub-paragraphs 5 and 6
The Company foresees only occasional need for these
services where the volume of work and time constraints
exceed the capacity of permanent and temporary fitters.
3.14 In addition to the Industrial Relations Officer
clarification the Company has confirmed that overtime is
3.15 It was agreed that Supervisor/Manager to be changed
5.2 The words "and Union" will be inserted after the word
9.1 The Company confirmed that this proposal does not relate
to redundancy or rationalisation situations.
The 14 weeks strike in 1990 ended with agreement between the
Company and the Union (A.T.G.W.U.) representing approximately 90%
of the workforce to conclude a new agreement on pay and conditions
of employment which would radically change the pre-strike
situation. Specific matters not resolved in the negotiations were
referred to the Labour Court for binding arbitration.
Having regard to the trading, financial and the industrial
relations situation in the Company, the Court considers that the
general terms and conditions which were finally agreed between the
parties and which govern the employment of virtually all the
workers in the Company cannot be ignored but must apply similarly
to the 24 fitters involved in this case. Accordingly the Court
does not find grounds to amend the following proposals and
recommends that they be accepted by the Union.
Proposals: 3.20 - Working hours
3.21 - Discontinuation of Bonus
3.25 as clarified in the Industrial Relations
Officer's letter of 9/4/91.
10.1-10.4 - New Annual Bonus Scheme
13.1 - Pension Scheme
13.2 This issue will not arise before the first
review and can be the subject of consideration at
13.3 - Pension Scheme
13.4 - " "
13.5 - " "
13.6 - " "
14.2 - Sickness and Disability Scheme
15.1 - Basic Pay
Sub-paragraph 10 The Court does not recommend that the
word "appropriate" be altered to "signatory".
16.2 The Court accepts that a Union shop-steward
should not have to negotiate with management
on his own. This does not relate to a group
situation where other Unions are involved but
to a situation where N.E.E.T.U. are pursuing a
case on their own.
3.3 The Court notes that this issue remains
unresolved and is in negotiation with the
Union representing electricians as well as
with N.E.E.T.U. representing fitters. Having
regard to the extreme circumstances prevailing
in the Company and the necessity for the
finalisation of negotiations on working
conditions, the Court recommends that the
Union accept binding arbitration on the issue
should direct negotiations fail to provide a
The Court also recommends acceptance of proposals not specifically
referred to above.
Signed on behalf of the Labour Court
20th December, 1991 ----------------