INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
P ELLIOTT & COMPANY LIMITED
(REPRESENTED BY CONSTRUCTION INDUSTRY FEDERATION)
- AND -
BUILDING AND ALLIED TRADES UNION
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. TU/Co Agreement.
2. The case concerns a request by the Union to the Company to enter into an agreement to cover issues not normally covered by the Registered Employment Agreement for the Construction Industry (REA). The issues include productivity rates of pay, lay off and recall procedures, disciplinary procedures etc. The Company's case is that there is no dispute between staff and its employees and that terms and conditions of employment are covered by the REA.
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 14th of March, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th of May, 2006, in Limerick.
3. 1. It is custom and practice for the Union to enter into productivity agreements with builders / contractors in the Greater Limerick Area to cover rates of pay and conditions of employment for bricklayers. The Company has already entered into such an agreement with BATU in the Greater Dublin Area.
2. The Company / Union agreements have contributed to a more stable industrial relations climate in the area. Members have enjoyed excellent working conditions and job security as a result of these agreements.
3. There is a need to enter into an agreement to regulate the piece-work rates of pay and conditions of employment for members in areas not covered by the REA.
4. 1. There is no dispute between the Company and its bricklayers. The Company has issued all its general operatives and craftsmen standard contracts of employment plus the Company's rules and procedures document. These fully comply with S.I. 146 of 2000. The Company is paying the "going rates" for brick and blockwork in the Limerick City area. No complaints or grievances have been made to the Company by the bricklayers.
2. The Company complies with the legally binding REA in relation to craftsmen working for the Company.
3. The Union should go to the proper forum - the National Joint Industrial Council (NJIC) - if it wishes to pursue the matter.
4. The agreement in the Greater Dublin Area is completely different to the one in the Greater Limerick Area. The vast majority of bricklayers in Limerick do not work under separate agreements.
It is the view of the Court that the matters raised by the Union are adequately covered by the provisions of the R.E.A.
Matters such as an agreement for lay-off and recall can be incorporated into the standard contracts of employment already supplied by the C.I.F. and which are in accordance with the provisions of the R.E.A.
The terms of such contracts should accord with the provisions of SI 146/2000. Any complaint of non-compliance with this statutory instrument can be processed in accordance with Section 42(1) of the Industrial Relations Act, 1990.
The Court notes that there is agreement between the parties on piece rates. Accordingly, taking all factors into account, the Court does not recommend concession of the Union's claim
Signed on behalf of the Labour Court
31st May 2006.______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.