Labour Court Database
File Number: CD92629
Case Number: LCR13890
Section / Act: S26(1)
Parties: JOHN A. WOOD LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
A dispute concerning bonus/allowances which are presently as follows: 1. Christmas bonus = 1.50 weeks pay. 2. Attendance bonus to a maximum of #231. 3. A safety incentive bonus of #115 (not paid to craft workers). 4. A tool allowance of #231 (payable only to craft workers).
5. On the basis of the submissions made by the parties it is
clear to the Court that the bonuses at issue have been fixed for
some time, and an adjustment at the present time would clearly be
a cost-increasing claim and therefore contrary to the terms of the
Insofar as the future is concerned the Court recommends that the
best objective criterion for review of all three bonuses should
relate to a tri-annual review of the tool kit; such review to take
place three years after the termination of P.E.S.P. and using as
its base the present tool allowance. The Court so recommends.
Division: Mr O'Connell Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92629 RECOMMENDATION NO. LCR13890
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: JOHN A. WOOD LIMITED
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
1. A dispute concerning bonus/allowances which are presently as
1. Christmas bonus = 1.50 weeks pay.
2. Attendance bonus to a maximum of #231.
3. A safety incentive bonus of #115 (not paid to craft
4. A tool allowance of #231 (payable only to craft workers).
2. 1. The Company is involved in the sand and gravel industry in
the Munster area. It has depots in Cork, Kerry and Waterford.
The claim, on behalf of 360 workers, seeks to agree a
mechanism for updating a number of bonus allowance payments
which are paid to workers prior to the Christmas holidays each
2. The bonuses were introduced in 1978 in a sister Company
and were then applied in the Company. The static allowances
(attendance, safety and tool) were last increased in 1990 by
10%. The Union is seeking that the allowances be linked to
annual wage movements or to the Consumer Price Index as
appropriate. The Company has rejected the claim as a
cost-increasing claim under Clause 5 of the Programme for
Economic and Social Progress (P.E.S.P.).
3. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on 5th
February, 1992. No progress was achieved and the Commission
referred the dispute back for further negotiations. A second
conciliation conference took place on 2nd September, 1992, but
a negotiated settlement was not possible and the dispute was
referred to the Labour Court on 12th October, 1992. A Labour
Court investigation took place in Cork on 25th November, 1992.