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2002

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LCR17226

FULL RECOMMENDATION

CD/02/55
RECOMMENDATIONNO.LCR17226
(CC01/3217)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
PROVINCIAL SECURITY SERVICES LIMITED (PSS)
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION


DIVISION :

Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Ms Ni Mhurchu
SUBJECT:
1. 35% productivity related pay increase.


BACKGROUND:

2. The Union has submitted a claim for a 35% productivity related pay increase on behalf of staff employed in the mailroom at the Intel plant in Leixlip, Co. Kildare. The claim is linked to a pay settlement agreed in March, 2001, on behalf of approximately eighty PSS security officers working on the same site.

The claim was rejected by the Company and the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 16th of January, 2002, but no agreement was reached. The dispute was referred to the Labour Court on the 28th of January, 2002, under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 4th of July, 2002.




UNION'S ARGUMENTS:

3. 1. Mailroom staff have fully co-operated with the introduction of significant productivity and cost saving measures over the past number of years without being adequately compensated.

2. There has been a reduction in staff in the mailroom from four full time workers to two full time workers and one relief worker, without any reduction in workload involved in the management, processing, delivery and collection of mail and other related duties.

3. Staff employed in the mailroom were always paid a higher hourly rate of pay than security officers. Their rate of pay has now fallen significantly behind that of security officers.

4. The decision not to apply the 20% increase to the mailroom staff is unfair and unreasonable.


COMPANY'S ARGUMENTS:

4. 1. The duties and working hours of mailroom personnel are different from those of security officers.

2. The agreement between the Company and the Union was in respect of security officers and was not intended to apply to mailroom personnel.

3. The Union appear to accept that security officers and mailroom staff are not the same group of employees in that claims for these groups were entered separately.

4. The current claim is cost-increasing and is in breach of the terms of the current national agreement.


RECOMMENDATION:

The Court does not recommend concession of the claim for an increase in pay which arises due to the granting of a productivity based increase to a different group of workers, whose rate had previously been lower.

However, the Court notes that the Company accepts that there has been a change in the functions carried out by the mailroom personnel notwithstanding the adjustments which have been made to their work.





The Court is of the view that there is some merit in the claim for a productivity based increase due to these changes which have taken place in the last two years. Therefore, the Court recommends that the parties should meet to discuss and agree an appropriate productivity based increase in the rate of pay for mailroom personnel.



Signed on behalf of the Labour Court




August, 2002______________________
LW/CCCaroline Jenkinson
Deputy Chairman


NOTE

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




 
 
 
 
 
 
 
 
 

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