Labour Court Database __________________________________________________________________________________ File Number: CD86904 Case Number: AD879 Section / Act: S13(9) Parties: YOUGHAL CARPET YARNS LTD - and - IDATU |
Appeal against Rights Commissioners recommendation No. CM/17,105 re: the filling of pay packets externally for safety reasons.
Recommendation:
5. The Court, having heard the submissions of the parties is of
the opinion that the Rights Commissioners Recommendation should
stand. The Court so decides.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD86904 THE LABOUR COURT AD9/87
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 9 OF 1987
Parties: YOUGHAL CARPET (YARNS) LIMITED
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
Subject:
1. Appeal against Rights Commissioners recommendation No.
CM/17,105 re: the filling of pay packets externally for safety
reasons.
Background:
2. Wage packets for the Company's employees, who with the
exception of salaried staff, are paid in cash, are at present
prepared in the Company premises. On the 28th July, 1986 the
Company advised the Union that following discussions with the
Garda Siochana it was proposed to make a number of changes in
respect of the preparation of wage packets in the absence of
agreement on payment by cheque by a majority of the workers
concerned. One of the proposed changes involved the filling of
pay packets by an outside security firm at their premises by their
staff. The Union expressed dissatisfaction at this proposal. The
Company proposed referring the matter to a Rights Commissioner for
investigation and the Union agreed to this. The matter was
investigated by a Rights Commissioner on 30th October, and the
11th November, 1986. The following recommendation was issued by
the Rights Commissioner on 12th November, 1986:
"There can be no compromise on the safety of personnel and in
my opinion the measures being taken by the Company are most
necessary and are reasonable. Therefore I recommend that
they be accepted by the Union."
The Union appealed the recommendation to the Labour Court under
Section 13(9) of the Industrial Relations Act, 1969. A Labour
Court hearing was held in Cork on 16th December, 1986.
Union's arguments:
3. (a) Alternative arrangements for minimising the time during
which cash is on the premises could be made and the
Union has indicated that it would co-operate with such
arrangements.
(b) The Union believes, and the Company and Garda have
confirmed, that the only proper solution to the problem
is payment of wages by cheque.
(c) The proposed transfer of work proper to clerical
employees to an outside agency is likely to be the thin
end of the wedge and the final outcome will be a
further reduction in jobs in the clerical area. The
Union does not accept Company assurances to the
contrary. Indeed, a Union request that the Company, as
an indication of its good faith, should replace a
clerical employee who was due to go on maternity leave,
was turned down.
Company's arguments:
4. (i) The Company cannot compromise on safety of staff who
themselves on numerous occasions expressed concern.
Neither can it ignore the advice of its security
advisers and must act immediately.
(ii) 10 man hours are required to fill the pay packets at
Y.C.Y. under the current system. The Company is
satisfied that there is sufficient other work available
to fill the gap. This work falls broadly into 2
categories, either (a) work not being done at present,
or (b) work which is continually in "backlog" (details
supplied to the Court).
(iii) The Company will as in the past continue to seek
agreement to payment by cheque which is the only
solution to this problem.
DECISION:
5. The Court, having heard the submissions of the parties is of
the opinion that the Rights Commissioners Recommendation should
stand. The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
Deputy Chairman.
3rd February, 1987.
M.D./J.C.