INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ATLAS ALUMINIUM LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Craft Supervisor differential.
2. Following recognition of the Union the parties started discussions on a Company/Union agreement in September, 2003. As a number of issues remained unresolved, the parties came before the Labour Court which issued LCR17840 in May, 2004. The Court recommended that direct discussions should take place with the assistance of an Industrial Relations Officer (IRO), if necessary. The IRO made a number of proposals but one element still in contention is the rate of pay for Craft Supervisors. The Company made an offer of 10% but the Union is seeking 20%. There is also disagreement between the parties as to who is covered by the claim. The Company claims that there is only one permanent Supervisor whilst two other workers get the differential when they are in an acting-up capacity. The Union maintains that the three workers are all Supervisors.
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 16th of December, 2005, in accordance with Section 26(1) of the Industrial Relations Act,1990. A Labour Court hearing took place on the 13th of September, 2006, in Limerick.
3. 1. The Union believes that for the level of expertise needed by the three Supervisors plus their management and administrative duties, the correct differential should be 20% above the craft rate. This would be true of most Companies in the mid-west region (the Union supplied details of other companies).
4. 1. The Company has experienced a very difficult trading situation for some time (details supplied to the Court) and in 2006 has sustained losses of €1 million to date.
2. The Company made a very reasonable offer of a 10% differential to the Supervisor and the two workers who act-up in the capacity of Supervisor. Any increase above 10% would have a detrimental effect on the Company's continued viability.
Having considered the oral and written submissions of the parties, and taking all circumstances into account, the Court recommends that the Company should pay a differential of 16.66% to Craft Supervisors with effect from 6th December, 2004.
Signed on behalf of the Labour Court
3rd October, 2006______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.