INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
KILSARAN CONCRETE LIMITED
(REPRESENTED BY THE IRISH CONCRETE FEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Re-hearing arising from LCR16731.
2. The dispute before the Court concerns a claim by the Unions on behalf of members for the following:
(1) Increased rate of pay.
(2) Wage rounds to be brought forward.
(3) Inclusion of 50% of overtime in holiday pay.
(4) Introduction of an annual bonus.
(5) Improved sick pay and pension schemes.
A Labour Court hearing took place on the 25th of January, 2001 and Labour Court Recommendation No. LCR16731 issued on the 12th of February, 2001.
As recommended, the parties returned to the conciliation process. A conciliation conference was held on the 27th of March, 2001.
The Company made the following offer:-
(1) An immediate increase of £1 per hour on all current hourly rates.
(2) The inclusion of 50% of average overtime in holiday pay with effect from the 1st of July, 2001.
(3) The improved CIF Pension and Sick Pay Scheme when agreed will be implemented.
The offer was rejected by the Unions.
A further Labour Court hearing took place on the 18th of May, 2001.
3. 1. The holiday pay offer should be implemented from the 1st of January, 2001, an annual bonus introduced and the wage round dates brought forward by three months by the end of the P.P.F.
2. The improvements due in CIF sick pay and pension schemes will still fall short of anything that can be provided for in a defined benefits scheme.
3. The Company is profitable and successful.
4. 1. The final offer of £1 per hour increase incorporates attendance bonus, and service pay.
2. The new pay rates and conditions of employment are comparable within the industry.
3. The cost of this pay increase cannot be recovered by the Company in the present competitive market.
The Court has already issued a recommendation on this dispute. However, following a Court referral back to conciliation, there are residual issues, which are now referred back to the Court for a definitive recommendation. The Court has given serious consideration to all aspects of this dispute.
The Court does not accept the reasoning put forward by the Unions for comparability with the two major competitor companies quoted in their submission. The Court does not recommend that the rates and conditions of employment in this company must be identical with those companies quoted by the Unions, but does take the view that they should be generally comparable within the industry, in similar companies.
The Court is of the view that 1st July, 2001 is an acceptable date for the improved holiday pay arrangements as proposed by the Company. With regard to those employees who availed of / will avail of two weeks annual leave before July 2001, on the basis of the clarification given by the Company at the hearing, the Court recommends that they should similarly benefit from the proposed improvement to holiday pay.
Sick Pay and Pension Schemes
The Court is of the view that there is an onus on management to take an initiative to encourage all employees to join the sick pay and pension schemes which currently operate in the company. The Unions have sought improvements in sick pay and pension schemes. The Company has indicated its willingness to implement the revised arrangements which will emerge from the CIF review of these schemes. The Court recommends that the Unions should await the outcome of the CIF review. If the matter is not resolved at that point the matter can be referred back to the Court.
The Court rejects the claim for a bonus scheme as articulated by the Unions. To address this element of the claim the Court recommends that the parties should pursue the implementation of a gainsharing scheme. The parties should examine other suitable schemes elsewhere to determine their possible suitability to this company for the future.
Wage Round Implementation Dates
In addressing the claim for the implementation dates of the current agreement to be brought forward, the Court rejects the Unions' claim. However, the Court recommends that the implementation date of the next wage agreement should be brought forward to 1st March, 2003.
Improved Wage Rates
The Court endorses the offer made by the Company on 14th May, 2001. Upon overall acceptance of this recommendation, the Court recommends that the offer of an increase of £1.00 per hour in the basic pay should be made retrospective and should date back 6 weeks from acceptance of this recommendation.
Signed on behalf of the Labour Court
5th June, 2001______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.