INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ELECTROLUX GROUP IRELAND LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Pay claim.
2. The Company was established in 1988. It is one of three contractors engaged by Guinness to maintain bar products and utilities. The Company currently employs ninety eight staff.
The dispute before the Court concerns a claim by the Union on behalf of its members for an increase in the basic rate of pay.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 23rd of April, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th of May, 2002.
3. 1. There are three categories of staff involved in this claim. The job description of all the categories has expanded to include current and future additional duties.
2. The current rates of pay are significantly below the rates paid by the Company's main competitors.
3. The workers concerned should receive an immediate improvement in their rate of pay with retrospection.
4. 1. The current rates of pay are at the upper end of the rates paid to comparable employees in direct competition.
2. The claim cannot be conceded. It is cost increasing and is barred under the terms of the Programme for Prosperity and Fairness.
3. The Company offer to increase the expenses and allowances and to introduce an annual employee group bonus payment is fair and reasonable and should be accepted.
The Court notes that the workers associated with this claim are newly organised and that their rates of pay have not been determined by collective bargaining. Thus, the Court considers that the claim comes within the exception in respect of newly organised employments contained in the Programme for Prosperity and Fairness (PPF) and its predecessors.
The Court believes that the parties should enter negotiations with a view to concluding a comprehensive collective agreement which provides common conditions of employment as between original and transferred staff. Whilst these negotiations should commence as soon as possible, any agreement reached should be implemented in conjunction with the next review of contracts in August, 2004.
In the interim, the Court recommends the following adjustments in pay and conditions:
Basic pay should increase by 5% with effect from the date of acceptance of this recommendation. In addition, the €635 bonus should be incorporated in basic pay.
The field allowance should increase by 5% with effect from the date of acceptance.
The Company's offer on improvements in lunch, van wash and on-call allowances should be accepted on the terms offered.
Signed on behalf of the Labour Court
5th June, 2002______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.