14.12.2009
When the Labour Court convened on Friday 27th November to hear an application made by the Electrical Contractors Association and the Technical Engineering and Electrical Union to vary the Registered Employment Agreement by increasing the wage rates, the Court began by considering applications for an adjournment – and decided to adjourn the hearing for mention on Friday 18th December 2009.
Chairman Kevin Duffy said: “There will be no hearing on that day. It will be a review of the situation as it then exists. The Labour Court will consider if it will proceed and, if so, how it will proceed.
“Hopefully by that date the High Court hearings will be completed and we may have the Ministerial report into the industry, or know when it will be completed.”
Responding to earlier submissions by Counsel for the Non-Aligned Contractors and for the National Electrical Contractors of Ireland that they had difficulties with Kevin Duffy chairing the hearing because he was to be a witness for the Labour Court, which was “defending the High Court challenges vigorously”, he also said: “Another Division of the Labour Court make take the matter up.”
NAC
Applying for an adjournment to the hearing, Counsel for the NAC said that three sets of proceedings were due to commence in the High Court on the following Tuesday (1st December) and were down for two weeks. “This proximity prejudices our clients in that it would require their legal representatives to be in two places at once.”
In its 26th February 2009 determination the Labour Court had refused an application to increase the wage rates. Following subsequent referral of the matter from the Labour Relations Commission, the Labour Court considered the matter further on 11th July 2009 and issued a non-binding recommendation that: “The rates of pay currently prescribed in the REA be adjusted in two phases as follows:
- Phase 1: With effect from 1st September 2009 – An increase of 2.5% on each point of the scale
- Phase 2: With effect from 1st January 2010 – An increase of 2.4% on each point of the scale
In addition, following rejection of this recommendation on 22nd July by the Association of Electrical Contractors (Ireland) by a four-to-one majority, on 23rd July the Tanaiste and Minister for Enterprise, Trade and Employment, Mary Coughlan TD, had announced the establishment of an independent investigation by an expert group into the electrical contracting industry.
Counsel for the NAC said: “In the interim period after the Labour Court’s decision on 26th February not to recommend a pay increase, we had an electricians’ strike and worsening economic conditions – so what made the Labour Court change its mind? An increase has already been recommended by the Labour Court in July, so there is no question but that there is bias of this public hearing. My clients were excluded from a meeting held on 25th November and we were informed by the Labour Court that information that we sought was confidential and that the Court was not able to release it. The Labour Court also admitted that there was no other way than to have the issues considered in the Labour Court.
“In addition, while I am not sure at what stage the Minister’s investigation into the industry is at, obviously it would be beneficial if that was concluded before the application (to vary the REA) is considered.”
Responding, Chairman Kevin Duffy said: “There was no meeting, there was a hearing. You were not excluded, you were not a party to the trade issue. The recommendation was addressed to the three parties to the REA. All parties would not have to pay it – it was a recommendation. The REA hasn’t been varied, and will not be until the Labour Court accepts an application to do so.”
TEEU
Owen Wills, for the TEEU, claimed that the NAC’s application for an adjournment was “an abuse of this Labour Court” and said: “We are totally opposed to an adjournment”.
ECA
Jean Winters, for the ECA, said: “We would also apply for an adjournment, due to the forthcoming High Court hearings and because the Department’s report is not yet published.”
NECI
Counsel for the NECI supported the points made by the NAC for an adjournment and, in addition, said: “The absence of any negotiating license has not been addressed and is a continuing issue. We want an answer as to where the AECI and ECA get their powers to negotiate.”
Kevin Duffy replied: “I am not sure that we can help you on that. I can’t see that we can deal with it.”
When Counsel for the NAC then supported the NECI’s issue about negotiating licences, he added: “You can make an application about this at an appropriate time.”
AECI
After Kevin Duffy had asked: “Could we adjourn for, say, two to three weeks?” Jack Hegarty, for the AECI, said: “I would agree to an adjournment for two to three weeks. The AECI is supporting the ECA’s request for an adjournment.”
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Source: Neil Steedman |
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