LCR16107

FULL RECOMMENDATION CD/99/4 RECOMMENDATIONNO.LCR16107 (CC98/1173) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH ALE BREWERIES (GUINNESS IRELAND GROUP) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Increased peak trade allowance.



BACKGROUND:

2. The Union submitted a claim on behalf of four foremen/supervisors who work at the Company's distribution depot in Ballyfermot.

Under an agreement made in 1996, entitled Plan 2000, forklift drivers were paid £27.00 per day "stay back allowance" in order to cover any extra work. In 1997, the Union sought a higher "stay back allowance" in respect of peak periods (pre-Christmas etc.). The Company agreed to increase the allowance from £27.00 to £50.00 per day, an increase of £23.00.

The same offer of £23.00 was made to the four foremen/supervisors who indicated that they were not in receipt of the basic £27.00 allowance and were unhappy with not receiving the full £50.00. In February, 1998 the Union sought a further increase in the "stay back allowance" due to increased volumes. The Company agreed to increase the allowance for forklift drivers from £50.00 to £60.00 per day. The Company also applied the £10.00 increase to the foremen/supervisors.

However, the Union is seeking the full £60.00 per day "stay back allowance" on behalf of the foremen/supervisors. The Company rejects the Union's claim and states that the Company's offer as set out in their letter of the 17th of July, 1997 should be accepted.

As no agreement was possible between the parties, the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 7th of December, 1998, but no agreement was reached.


The dispute was referred to the Labour Court on the 6th of January, 1999 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 25th of February, 1999.

UNION'S ARGUMENTS:

3. 1. The foremen/supervisors concerned claim that the "stay back allowance" should be paid to all employees at the depot.

2. The staff concerned have to deal with an increased volume of work under Plan 2000(some of it unforeseen) but with the same head count .

3. Where there was an increase in the volume of work for forklift drivers, extra staff were rostered for "stay back" duties.


COMPANY'S ARGUMENTS:

4. 1. The Company has treated the foremen/supervisors equally to other employees in its employment.

2. The employees concerned are currently in receipt of an operating allowance of £22.13 per day and are also in receipt of an early start allowance of £46.48 per week which no other category of worker receives.

3. Concession of the claim would have repercussive effects for the Company.

4. The claim is cost increasing and is precluded under the terms of Partnership 2000.


RECOMMENDATION:

Having considered the submissions of the parties, the Court does not see any basis on which it could recommend concession of the Union's claim.

Accordingly, the Court recommends that the Union accept the Company's offer in respect of supervisors/foremen as set in its letter of the 17th of July, 1997.



Signed on behalf of the Labour Court



Kevin Duffy
2nd March, 1999______________________
L.W./D.T.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.