INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
STOBART (IRELAND) DRIVER SERVICES LTD
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. Pay Increase and Shift Allowance.
2. The case before the Court concerns a claim by the Union on behalf of approximately 60 of its members employed as Heavy Goods Vehicle (HGV) Drivers operating from the Company's Distribution Centre based in Ballymun, Dublin. The dispute relates specifically to the Union's claim for a pay increase and shift allowance for its members. The Union contends that its members who do not form part of the group of employees that transferred into the Company on terms and conditions that are protected under Transfer of Undertakings Regulations, are currently on salary rates that are lower than that of their counterparts and fall significantly below the industry norm. The Union is seeking an increase in pay rates for these employees with immediate effect. In terms of the employees that transferred into the Company, the Union maintains that these employees have not received an increase in salary since their transfer into the Company in 2010 and accordingly is seeking a cost of living increase in salary for these employees.
In relation to its claim for a shift allowance, the Union asserts that all drivers are currently working on a shift rotation basis and as a result are entitled to be paid a shift allowance in recognition of this. At present there is no shift allowance paid to these drivers.
On the 17th June, 2014 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th August, 2014. The Employer was not present and was not represented at the hearing.
The Union agreed to be bound by the Court’s Recommendation.
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns claims for a pay increase and the introduction of a shift allowance, for HGV Drivers. The Union informed the Court that the Company advised it that it will not enter into discussions relating to the totality of its members, it will only discuss issues relating to employees who were covered by the Protection of Employees on Transfer of Undertakings Regulations 2003.
The Employer did not attend the hearing.
The Court notes that the Union had previously submitted a similar claim to the Court in 2010. At that time the Court recommended,inter alia, as follows:-
- “From the perspective of good industrial relations there appears to be no justifiable reason for the substantial difference which exists between the pay and conditions of employment of those associated with this claim and the generality of employees with whom they are engaged in identical work. This is particularly so in the light of the fact that the Claimants now before the Court were employed in anticipation of the contract with which the generality of drivers transferred to this Company are engaged.
In these circumstances the Court is satisfied that the Union’s claims are meritorious and reasonable.
The Court recommends that the parties should immediately enter into negotiations on the Union’s claims with a view to addressing the current anomalies between the pay and conditions of both groups.”
The Court is of the view that negotiations should immediately take place on all matters before this Court and if such negotiations are not concluded by 7thNovember 2014, then they may be referred back to the Court, when the Court will make a definitive Recommendation on the claims before it.
The Court so recommends.
Signed on behalf of the Labour Court
12th August 2014______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.