INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
NORTH CORK CO-OP.
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr McHenry
Worker Member: Mr O'Neill
1. Pay and retrospection.
2. The dispute results from a claim served on the Co-op. in 1983 by the then Irish Transport and General Workers Union for the establishment of pay parity between the Co-op. and Ballyclough Creamery (now Dairygold). Following a Labour Court hearing, LCR8244 issued and recommended concession of the Union's claim.
The Union's present claim (concerning 4 workers) is that comparable rates have now drifted to the extent that there is a difference of euro 33.50 per week between the maximum points of the respective scales i.e. Dairygold and the Co-op. This is partly due to there being 2 extra points on the Dairygold scale. Irrespective of the 2 points, there is still a gap of euro 10.78 per week. At the hearing, the Company agreed to pay the workers the 5th point of the scale as applies in Dairygold. The only issue in question now is the amount of retrospection. The Union is seeking retrospection of euro 7,619 per person.
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 the Labour Court on the 19th day of November, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th day of January, 2002, in Cork.
3. 1. It has been the practice to pay workers in the Co-op. the same wages as comparable workers in Dairygold (formerly Ballyclough). However, the rates in the Co-op. fell behind in 1983-1988, and the differential should now be restored.
4. 1. It was the intention of the Co-op. that the workers concerned would be paid the 5th point of the pay scale equal to Dairygold. It believed that this had taken effect from June, 2001, and a £1,000 tax free lump sum was paid to the 4 workers. The Co-op. has agreed to apply the correct point of the scale but disputes the amount of retrospection that the Union is seeking.
The Court notes the Company's commitment to pay to the claimants the 5th point of the scale as applies in Dairygold, thereby granting concession of the pay element of the claim. Therefore, the new rate for craftpersons in the Company will be euro 450.59 with effect from the 5th day of June, 2001.
The Court also notes the element of retrospection already paid and recommends the payment of a further euro 1,269.74 to be accepted in full and final settlement of this claim.
Signed on behalf of the Labour Court
28th January, 2002______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.