SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
KELLYMOUNT QUARRY LIMITED TRADING AS KELLYMOUNT QUARRY
(REPRESENTED BY THE CONSTRUCTION INDUSTRY FEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. New agreement and pay increases.
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 4 October 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 2 December 2016.
3. 1. SIPTU is seeking the harmonisation of the rates of pay and other terms and conditions of employment with two other named quarries in the Group, Old Leighlin and Holdensrath Quarries.
2. Management stated that it would only address the Union's claim if it agreed to align the other terms and conditions of employment in Kellymount with the other two quarries in the Group. SIPTU balloted its members on and accepted that offer.
3. SIPTU informed Management that the proposals were accepted and sought their implementation with effect from 1 January 2015. SIPTU is now seeking to have that agreement implemented.
4. 1. The Company stated that SIPTU never accepted the full amended terms and conditions of employment on offer.
2. The Company is not opposed in principle to harmonisation across the quarries, but the cost of harmonisation must be realistic and sustainable in order to ensure continuity of employment for the future.
3. The Company's focus has always been on the continuity of employment and on maintaining jobs. With this in mind, the Company has put two reasonable proposals on the table neither of which has been accepted. The Company is seeking to uphold the proposal it made on 31st March 2016 to take effect from 1 January 2017.
The Court has given careful consideration to the extensive written and oral submissions of both parties to this dispute.
The Court recommends as follows:-
That the rate of pay of the workers concerned be increased to €13.91 with effect from 1 December 2016.
2. Shift Pattern
That the shift pattern outlined by the Company in its letter of 31 March 2016 be accepted by the Union.
3. Shift Rate
That the shift rate for two shift working 7.00 am to 3.00 pm and 3.00 pm to 11.00 pm be set at 22% with effect from 1 December 2016.
4. Quarry Allowance
That the Union accept the Company’s buy-out offer in respect of this allowance.
5. Elimination of Shift Buy-Out Agreement
As the purpose of this Recommendation is to align the terms and conditions of employment of staff employed in all quarries and as the terms of this Agreement are unique to this quarry the Court recommends that it be eliminated as a consequence of the alignment process.
6. Service Pay
The Court notes that the Union is prepared to accept the value of the Company’s offer in this regard provided that it changes the type of voucher issued. The Court notes the Company’s willingness to do so. Accordingly the Court recommends that the Company and Union agree an acceptable voucher for the payment of this allowance.
7. Future Pay Increases
As this Recommendation brings the rates of pay and conditions of employment of this quarry into line with all others in the group the Court recommends that the parties should maintain this alignment for all pay movements in the future. Accordingly the Court recommends that any general pay increase agreed after the date of this Recommendation should apply equally to all staff in all quarries.
The Court so recommends.
Signed on behalf of the Labour Court
12 December 2016______________________
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.