This case concerns a remuneration issue which arose between nine drivers who were represented by the respondent union, SIPTU. The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the Workplace Relations Commission. As an agreement was not reached, the dispute was then referred to the Labour Court in accordance with Section 26(1) of the Act. The Union argued that there was a significant pay gap between the nine drivers, referred to as 'B Drivers Crew' and the other crew, known as 'A Drivers Crew'.

Over time the pay gap between the 'crews' had expanded significantly as a result of percentage-based pay increases. The Union contended that the issue would not be resolved until the current annual allowance of €3,250, agreed in 2011, was integrated into their basic rate of pay meaning the B Fleet rate be increased to match the higher A Fleet rate. The Company maintained that it operated in a deeply competitive marketplace and that it is widely acknowledged by its peers as having the best terms and conditions within the industry. The Company claimed that any upward pressure on wages within the drivers section may lead to increased wage demands in other areas of the business. The Company was prepared to make some adjustment to the current allowance to help stabilise the parity gap, however this amount was rejected by the Union.

It was the employer’s position that the A rate is red circled and on a person to holder for the three remaining drivers on that rate. The Court held that the reference to A and B rates of pay was misleading. The Court recommended that the existing allowance of €3,250 paid to the drivers covered by this claim be increased, with effect from the 1st of July 2018, by €1,218 and an additional increase of €1,218 with effect from the 1st of July 2019. The Court also held that the drivers on the red circled rate should be stabilised to ensure no further pay drift.
https://www.workplacerelations.ie/en/Cases/2018/December/LCR21844.html