INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PROFESSIONAL CONTRACT SERVICES LIMITED T/A FACILITIES MANAGEMENT
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Carberry
Worker Member: Mr. Somers
1. Rates of pay.
2. The dispute concerns a claim for a pay increase - from €7.25 per hour to €8.65 - for 4 workers employed on the Guinness Ireland site. The Union believes that the nature of the work is above the contract cleaning service grade (although below the industrial cleaning rate) which pays €7.25, as per the Joint Labour Committee (JLC) rate. Both sides supplied lists of the duties involved. The Company believes that it is applying the correct rate of pay.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to a the Labour Court on the 12th of August, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 29th of October, 2002.
3. 1. SIPTU workers who are employed in the Laboratory area in Teagasc and perform similar duties to the worker concerned are paid a higher rate of €8.65 per hour.
2. The workers concerned were trained by Guinness Laboratory staff who were on a much higher rate of pay than the workers are now. Their duties require additional skills to the normal contract cleaner.
3. The actual contract cleaning i.e. mopping, dusting etc. is actually done by other SIPTU members employed by another contract cleaning Company.
4. 1. The duties of the workers concerned are general tasks undertaken by many cleaners in the contract cleaning industry. (details supplied to the Court).
2. The workers receive the rate of pay as laid down by the employment regulation order (ERO) of the JLC. If the claim were conceded it would add considerably to the Company's costs, something it cannot afford.
3. The Company has paid in full all the increases due under the various National Agreements. The claim is cost increasing and is precluded under Clause 11 of the Programme for Prosperity and Fairness (PPF).
This is a claim on behalf of four members of the Union for an increase in basic earnings from €7.25 per hour to €8.65 per hour. The increase is pay sought is a cost increasing claim and is, therefore, precluded by the terms of the PPF. Accordingly, the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
5th December, 2002______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.