LCR16092

FULL RECOMMENDATION CD/98/584 RECOMMENDATIONNO.LCR16092 INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WESTMARK SCHULTE GMBH HOLDING - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu

SUBJECT:
1. A range of issues.



BACKGROUND:

2. The Company is located at Carrick-on-Shannon, Co. Leitrim and is involved in the manufacture of electrical kitchen utensils/tools, supplying its produce to 50 countries. The Company currently employs a staff of 27. In January, 1998 the Union, on behalf of 15 members, sought to negotiate with the Company on wages and conditions. The Company declined to enter negotiations with the Union and the Union issued strike notice to the Company, to take effect on the 27th of February, 1998. Subsequently, the parties met under the auspices of the Labour Relations Commission and, following further discussions, a Framework Recognition Agreement was drafted, on the 16th of April, 1998. It was proposed, inter alia, that, subject to the finalisation of a procedural agreement in respect of grievances, disputes and disciplinary procedures, the Company would grant recognition rights to the Union. It was further proposed that the Union would agree to a two-year peace clause as part of the procedural agreement and that both parties agree to a Union request to have claims concerning a range of issues referred to the Labour Court. A draft procedural agreement was produced, on behalf of the Company, on the 1st of May, 1998, to which the Union responded on the 19th of May. Discussions took place on the 26th of August which were confined mainly to the finalisation of the procedural agreement. Since then, the Union states, is has not received a revised agreement from the Company for consideration. A general meeting of members took place, on the 22nd of November, to review the lack of progress and, arising from this, the Union, in accordance with the Labour Relations Commission document of the 16th of April, 1998, referred its claim for improvement in wages and conditions to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969.


The Court investigated the matter, in Cavan, on the 19th of January, 1999. The Union identified the following as the issues in dispute:-

Basic Pay, Shift Premia, Overtime Rates, Incentive Bonus Scheme
Sick Pay Scheme, Pension Scheme, Compassionate Leave.


The Company, which declined to attend the Court hearing, made a written submission to the Court addressing the above issues.




RECOMMENDATION:

The employer did not attend the hearing but supplied a written submission to the Court.

The Court is satisfied that agreement was reached at the Labour Relations Commission that Union recognition would be given subject to agreement being reached on a procedural agreement, to deal with grievance, disputes and discipline.

The Court is also satisfied that failure to reach such an agreement is not the fault of the Union. The Court, therefore, recommends that the parties meet to finalise a procedural agreement, as agreed at the Labour Relations Commission.

These discussions to be completed within four weeks of date of this Recommendation. If the parties fail to reach agreement within this period, the Court will issue a definitive recommendation on this matter, on request.



Signed on behalf of the Labour Court



Finbarr Flood
16th February, 1999______________________
M.K./D.T.Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.