INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr Nash
1. The application of full wage increases due under Sustaining Progress
2. The case before the Court concerns a dispute between Eircom and IMPACT in relation to increases due under the Sustaining Progress Agreement. A pay review of the Service Operations Managers (SOM's) was carried out and role profiles were amended accordingly resulting in the implementation of new salary bands. The new pay rates resulted in certain SOMs being paid above the maximum suggested in the review as a result of their own terms and conditions. At issue, is that the payment of the wage increases due to these workers which were to be paid at "half the band movement subject to individual performance." The new Agreement was implemented on the basis that its contents had been agreed by both the CWU and IMPACT.
The Union (IMPACT) rejects this on the basis that they had not been party to the negotiation of the new Agreement and is claiming that the increases due under Sustaining Progress be paid in full to its members.
The dispute could not be resolved and the Union referred the matter to the Labour Court on 29th September, 2005 in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court Hearing took place on the 15th December 2005.
The Union agreed to be bound by the Court's Recommendation.
3. 1. The Union was not party to any Agreement with the Company on this issue.
2. The approach taken by the Company will result in wage increases that are below the CPI and National Agreements.
4. 1. The Company employed an independent consultant to carry out a comprehensive review of the Agreement known as the "SOM Platform" in conjunction with the Trade Unions. As a result of the review role profiles were amended and wage increases applied
2. The Company implemented the new Agreement on the basis that its contents had been fully accepted by both Unions.
The independent third party (HCM) carried out a review to recommend an appropriate salary structure for the SOM group. Following further discussions the band pay scale was agreed between the Company, the CWU and IMPACT that the top of the payscale band should be €60,500. There were a number of people left over the top of this band.
The Court having taken all the facts of the case into account recommends that the pay terms of Sustaining Progress which would have been applicable following that agreement should have applied to the people and should be paid in full.
Signed on behalf of the Labour Court
18th January 2006______________________
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.