Labour Court Database __________________________________________________________________________________ File Number: CD86887 Case Number: AD8712 Section / Act: S13(9) Parties: AGRA MEATS - and - FWUI |
Union appeal against a Rights Commissioner's Recommendation (CM 16,923) concerning the loss of a day's pay for eight workers.
Recommendation:
7. The Court is satisfied that the Rights Commissioner's
recommendation was correct in that the loss of earnings incurred
was as a direct result of unofficial action and contrary to the
Union/Management Agreement, and accordingly, to recommend any
payment would be to condone that action. The Court therefore
rejects the appeal.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86887 THE LABOUR COURT AD12/87
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 12 OF 1987
Parties: AGRA MEAT PACKERS LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Union appeal against a Rights Commissioner's Recommendation
(CM 16,923) concerning the loss of a day's pay for eight workers.
Background:
2. The Company commenced operations in August, 1984, and is
involved in the killing and processing of cattle for export.
There are some 140 employed by the Company and at the time of the
dispute all but ten of the most senior general operatives were
working a three day week (Tuesday - Thursday).
3. A dispute arose on the 11th June, 1986, when the loading bay
staff refused to handle 21 sides of beef removed from the chills
prior to normal starting time by supervisory staff. Despite pleas
from both Management and Union, the workers' refused to handle the
sides of beef and, on the 12th June, Management issued a
memorandum to all staff advising them that if the beef in dispute
was not shipped before close of business on that day it would have
no alternative but not to re-open the plant on Monday, 16th June
until further notice. As the loading bay staff continued to
refuse to ship the 21 sides of beef, the Company implemented its
decision (a limited number of employees were allowed to clock in
on Monday, 16th June, to comply with clause 17 of the
Company/Union agreement regarding "spoilage arrangements"). The
eight workers involved in this claim had their clock cards removed
on the Tuesday and were docked a day's pay. When the dispute was
resolved on the 17th June (Tuesday), the Union lodged a claim for
one day's pay for those workers who were not on short-time and who
had reported for work on the 16th and had worked throughout the
dispute. This was rejected by Management and as local level
discussions failed to resolve the matter, it was referred to a
Rights Commissioner for recommendation. The Rights Commissioner,
having investigated the dispute on the 14th August, 1986, issued
the following recommendation on the 18th August, 1986:
"Up to stopping time on Monday it appears that these eight
employees were engaged on duties with the "spoilage
arrangements" and that those duties were then completed.
Therefore there was no "spoilage arrangements" work for them
on the Tuesday and normal work had still not resumed as the
dispute remained unsettled.
Accordingly, their loss was due to the unofficial industrial
action so to recommend any payment would be to condone that
action. Therefore the claim has to be declined."
4. The Union rejected the Rights Commissioner's recommendation
and, on the 27th August, 1986, appealed it to the Labour Court
under Section 13(9) of the Industrial Relations Act, 1969. A
Court hearing took place on the 3rd December, 1986.
Union's arguments:
5. (a) In his summary, the Rights Commissioner stated that the
appellants refused to resume normal working after the
Company issued a memorandum, which was issued in the
pay packets of the staff on Thursday, 12th June at
finishing time. The workers involved in this claim
were in work the next day and on the following Monday.
They did not refuse to handle the 21 sides of beef nor
were they asked or instructed to do so during this
time.
(b) The spoilage arrangements agreed with the Company are
to ensure that cattle killed on any day would be
processed and that this cycle would be completed. In
fact this cycle was completed on Thursday, 12th June
and the eight workers concerned were not involved in
this process after that date.
(c) The Union does not condone the action taken on the 11th
June. It was on that basis that a Union official met
the general body at 7.30 a.m. on the 17th June when it
was confirmed by all the workers present that they were
prepared to work normally including processing the
disputed 21 sides of beef.
(d) The workers concerned, who all work a five-day week,
were the only ones in the factory to suffer a loss in
pay for the day in question and the Union contends that
there is no valid reason why those concerned should
have had their clock cards removed and been refused
permission to work on Tuesday, 17th June.
Company's arguments:
6. (i) The refusal of the loading bay staff to handle the 21
sides of beef was in direct contravention of clause 6
of the disputes procedure in force within the Company.
(ii) It is the Company's view that if the employees felt
they had a grievance they should have worked normally,
if necessary under protest, and processed the work to
completion. Management cannot accept any liability for
paying employees who were in breach of the terms of the
Company/Union agreement by taking unofficial industrial
action and who disregarded both the Company's and the
Union's advice.
(iii) The eight workers concerned in this case were
specifically asked on Friday, 13th June, and Monday,
16th June, to handle the disputed beef and on both
occasions they refused.
DECISION:
7. The Court is satisfied that the Rights Commissioner's
recommendation was correct in that the loss of earnings incurred
was as a direct result of unofficial action and contrary to the
Union/Management Agreement, and accordingly, to recommend any
payment would be to condone that action. The Court therefore
rejects the appeal.
~
Signed on behalf of the Labour Court
Evelyn Owens
___________________
23rd January, 1987. Deputy Chairman.
D.H./J.C.