Labour Court Database __________________________________________________________________________________ File Number: CD87450 Case Number: LCR11309 Section / Act: S67 Parties: SIUICRE EIREANN C.P.T. - and - ITGWU |
Claim, on behalf of seven drivers for compensation for alleged loss of status.
Recommendation:
5. The Court has considered the submissions made by the parties
and has noted the changing circumstances which have given rise to
the reduction in the driving duties of the claimants. The Court
is of the view that the Company have acted reasonably in respect
of pay arrangements and allocation of available driving duties to
the drivers concerned.
Having regard to all the circumstances of the case, the Court does
not recommend concession of the claim for loss of status.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87450 THE LABOUR COURT LCR11309
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11309
PARTIES: IRISH SUGAR PLC
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim, on behalf of seven drivers for compensation for alleged
loss of status.
Background:
2. Over the past number of years there has been a reduction in
the Company's need for drivers as a result of loss of haulage and
other factors. This has resulted in the present situation whereby
workers who were previously engaged in driving duties are now
engaged in other work. The Union sought compensation for loss of
status but the Company contended that there was no basis for such
a payment. The matter was referred to the conciliation service of
the Labour Court on 6th January, 1987, and a conciliation
conference took place on 5th March, 1987. No agreement was
reached, however and on 14th May the matter was referred to a full
hearing of the Labour Court. The hearing took place on 24th June,
1987.
Union's arguments:
3. (i) The Union considers that the workers concerned were
employed as drivers. Over the years there has been a
decline in the amount of work available to them due to
the loss of haulage of peas, molasses, sugar, oil and
lime, for various reasons. There has been a reduction
in shift working and a loss of subsistence allowance.
(ii) Workers who have been drivers for up to thirty years
are now being required to perform work which is
mentally and physically alien to them, such as general
factory work. Job satisfaction has been eroded.
(iii) The workers have shown total co-operation in not
disputing job losses and carrying out duties other
than their established jobs. They have seen the
erosion of almost all their driving duties. In
recognition of this, the Union considers that a
compensatory payment of #1,000 per worker would be
moderate.
Company's arguments:
4. (a) The Company recruits "general workers" who
subsequently are employed over a range of duties with
commensurate job grades. There is no guarantee that a
driver will always be employed as a driver. In fact
most drivers do other work during their period with
the Company.
(b) The Company does not undertake any obligation in
regard to earnings maintenance.
(c) The financial and market situations have recently been
and continue to be critical. Due to continuing
substantial losses (details supplied), the Company was
forced to make wide-ranging changes including factory
closures and quite substantial reductions in numbers
employed in all categories. Alterations took place in
the Company's processing systems arising from
modernisation programmes. Changes affecting the
amount of driving included the switch from oil to gas.
The number of drivers at Carlow was reduced in
1983/1984 through early retirement and redundancies.
The drivers who left were accorded the "Company Terms"
which are quite generous. Those now claiming
compensation are the seven most regular drivers from
the remainder of that group. In relation to these
drivers the Company accorded to those with longest
service first preference on available driving and
arranged where possible, to put existing drivers on
other driving duties within the factory. Such driving
includes trucks, vans, dumpers and forklifts. Drivers
were also given opportunity to switch to other work,
eg. fitters helpers. Some work opportunities emerged
for drivers at which they retained Grade 6 and had
relative earnings.
(d) The Company considers that there is no basis for the
present claim and that the issue of compensation does
not arise.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties
and has noted the changing circumstances which have given rise to
the reduction in the driving duties of the claimants. The Court
is of the view that the Company have acted reasonably in respect
of pay arrangements and allocation of available driving duties to
the drivers concerned.
Having regard to all the circumstances of the case, the Court does
not recommend concession of the claim for loss of status.
~
Signed on behalf of the Labour Court
9th July, 1987 Nicholas Fitzgerald
A.K./P.W. Deputy Chairman