INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001,
AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Referral from The Labour Relations Commission under The Industrial Relations (Amendment) Act, 2001, as amended by The Industrial Relations (Miscellaneous Provisions) Act, 2004.
2. The Company was established in the IDA Centre in Edenderry, Co Offaly in 1998. It is involved in the manufacture of “stators” which are used in subsequent manufacturing of electric motors for the pumping of waste water.
The Company currently employs 50 staff of which 43 are operatives in the manufacturing process. Some 25 operatives are in membership of the Union.
The Union was in contact with the Advisory Service of the LRC following the meeting seeking the information that the Company promised to supply on two issues:- a) their position on the Grievance/Disciplinary procedure and b) clarification on the criteria used to calculate the Christmas/Summer Bonus and the Attendance Scheme.
- As no response was forthcoming the Union wrote to the Advisory Service in October, 2005 seeking a full Labour Court hearing. The Labour Relations Commission referred the case to the Labour Court for investigation in accordance with Section 2 of the Industrial Relations (Miscellaneous Provision) Act, 2004 and Section 2 of the Industrial Relations (Amendment) Act, 2001, on the 25th November, 2005. Both parties agreed to the referral.
The issues before the Court concern pay, staff appraisal/ bonus scheme, and Grievance and Disciplinary procedures.
A Labour Court hearing took place on the 11th January, 2006.
This dispute came before the Court pursuant to Section 2 of the Industrial Relations (Amendment) Act 2001,as amended. The Court is satisfied that the requirements specified by Section 2(1) of the Act have been met that it has jurisdiction to investigate the dispute.
Having considered the submissions of the parties the Court recommends as follows in relation to the matters referred to it for investigation:-
Rates of pay.
The Court is of the view that the current rates of pay are out of line with reasonable standards and recommends that they be adjusted as follows:-
All operatives €9.20 per hour with effect from 1st February, 2006
€9.70 per hour with effect from 1st September 2006.
These rates should be regarded as inclusive of the increase which would normally apply in January of 2006.
Future wage adjustments.
The Court notes the Company's commitment that annual increases will generally be at least in line with the increases provided by National Agreements. The Court recommends that the Company proposal be accepted and implemented.
Having regard to the high level of absenteeism the Court does not recommend concession of the Union's claim for a sick pay scheme at this time. The Court does recommend that this matter be reconsidered in 2007 should there be an appreciable improvement in the rate of absenteeism.
Grievance and disciplinary procedures.
The Union claimed that the current procedures for the processing of issues relating to individual grievances and disciplinary matters are inadequate in that they do not provide for representation of employees by a trade union in appropriate cases.
The Employer informed the Court that it intends to review its internal procedures having regard to the provisions of the Code of Practice on Grievance and Disciplinary Procedures (SI 146 of 2000). The Court recommends that the Employer proceed accordingly. Any dispute concerning the compatibility of the revised internal procedures with the provision of the Code of Practice should be processed through the procedures of Section 43(1) of the Industrial Relations Act 1990.
The Court recommends that issues in relation to the bonus scheme should be processed through the internal grievance procedure, as amended in line with the above recommendation.
Signed on behalf of the Labour Court
17th January, 2006______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.