Seanad debates

Tuesday, 24 April 2012

Industrial Disputes

 

5:00 pm

Photo of Thomas ByrneThomas Byrne (Fianna Fail)

I thank the Cathaoirleach for allowing me to speak first. I also thank the Minister of State, Deputy John Perry, for coming into the House to respond. I know the Minister, Deputy Richard Bruton, is abroad promoting the country, about which I will not complain.

My Adjournment matter concerns the strike at the Irish Cement plants in Platin, County Meath and Limerick. Over 100 workers are on strike over the refusal by Irish Cement to implement a recommendation of the Labour Court which partially found in favour of both the workers and the company. The Labour Court's recommendation read:

Taking all matters into account, this court recommends as follows:

1.) The company should pay to the staff concerned the "bonus" amounts outstanding for 2011

2.) The Court notes that while pay costs have been significantly reduced in line with the decline in over production levels, the pay structures and/or pay rates have not been reduced to date. From the information made available to it the Court was not in a position to make a considered or definitive recommendation on this basis. Accordingly, the Court takes the view that the parties should, on an on-going basis and where appropriate with the assistance of the appropriate advice, engage with each other regarding the total cost base of the company with a view to bringing it into line with the levels necessary to protect the maximum number of sustainable jobs in the two plants. Depending on the precise information exchanged between the parties and developments in the company itself and/or in the sector that affect the company's trading position and any consequent threat to jobs or profitability, this may involve a review and adjustment of the pay rates structure of the coming year.

3.) The Court will remain available to assist the parties in this process.

The recommendation is short and to the point. In one respect, it benefits the workers and in another gives them a huge challenge. This was fully accepted by them but not by Irish Cement.

The workers went through all of the formal procedures available to them in the industrial relations mechanisms of the State. Mediators and financial analysts were involved. The Labour Court recommended that the company pay the bonus which has been treated as pay, not an extra, and, if necessary, enter into negotiations on its cost structures. As I understand it, Irish Cement has refused to pay the workers the money owed until they accept a wage cut of 18%. The workers have already accepted significant changes to work practices in terms of hours worked and, as such, are earning a lot less, as acknowledged in the Labour Court's recommendation.

This is the first serious breach of industrial relations in the company for over 20 years. I grew up beside it and it commands tremendous respect across the region and country. People are reluctant to give out about Irish Cement because of the employment it provides, but in this case it is my considered view the workers are being treated shabbily. It is not right that the company is withholding wages as a bargaining chip to secure a considerable reduction in pay and that companies can refuse to comply with Labour Court recommendations when they do not suit them. During the years the majority of Labour Court recommendations went against workers. However, when one partially goes against a company, it refuses to implement it. We have to have a fundamental examination of labour law and labour relations.

What is the point of the Labour Court if workers who go to it to look for their rights and entitlements and find that it agrees with them then find the company does not implement its recommendations? I appeal to the Minister and the Minister of State to intervene in the dispute and talk sense to Irish Cement which has a good export business, which we welcome. Something needs to be done to support the workers. As I said about another industrial dispute in the same sector in my constituency, it is a pitiful sight to see men and women on a picket line throughout the night and during holiday periods. When I travel home at midnight from meetings in my constituency, they are on the picket line. They need help and support from the Government.

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