Labour Court Database __________________________________________________________________________________ File Number: CD87497 Case Number: LCR11333 Section / Act: S67 Parties: IRISH DISTILLERS LTD - and - ITGWU |
Claim on behalf of five fork lift drivers for an increase to five hours of a three hours special payment (to obtain parity with Dublin).
Recommendation:
5. The Court recommends that an evaluation of the workload be
carried out by the Company and the Union to establish whether the
claim for 5 hours payment is warranted and in the meantime the
payment be increased to 4 hours on the strict understanding that
the flexibility contained in the 1981 agreement is operated in
full.
Division: CHAIRMAN Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD87497 THE LABOUR COURT LCR11333
CC861826 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11333
Parties: IRISH DISTILLERS LIMITED
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
CORK NO. 2. BRANCH
Subject:
1. Claim on behalf of five fork lift drivers for an increase to
five hours of a three hours special payment (to obtain parity with
Dublin).
Background:
2. In November, 1984 an agreement was made with fork lift drivers
in the Dublin branch of the Company to increase a three hours
special payment to five hours. Following this the Union on behalf
of the drivers in North Mall, Cork made a claim for an increase in
the special flexibility payment to five hours. This was rejected
by the Company at local and conciliation level. At a conciliation
conference held on 10th November, 1986 proposals were put forward
on the matter, one of which was that the three hour payment be
increased to four hours with effect from date of acceptance.
These were subsequently rejected by the Union who put forward
counter proposals, including one that the payment be increased to
four hours from January, 1985 and five hours from July 1985. A
further conciliation conference was held on 13th May, 1987 at
which no agreement could be reached. On 22nd June, 1987 the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 8th July,
1987.
Union's arguments:
3. (i) The fork lift drivers in Cork and Dublin were all
receiving the same special payment, i.e. three hours,
prior to the agreement of 9th November, 1984 (details
supplied to the Court) in which the special payment was
increased to five hours for the Dublin drivers.
(ii) The Union has done everything it can to resolve this
issue peacefully. The Cork drivers had parity with the
Dublin drivers for years prior to the 1984 agreement
and the present position should be rectified to restore
parity.
Company's arguments:
4. (a) The three hours special payment arose out of a 1981
agreement (details supplied to the Court) on
flexibility and co-operation. This is not being
implemented by the Fork Lift Drivers.
(b) The 1984 Agreement for the Dublin workers in which the
special payment was increased to five hours was a
result of a claim that the workload had increased
(details supplied to the Court). This was evaluated
and validated by the Company and so the special payment
was increased. The workload of the fork lift drivers
in Cork has not increased, therefore there is no
justification for parity with the Dublin drivers.
(c) The Company is currently involved in a major
rationalisation programme to create a more cost
effective operation, in which a flexible environment
will be necessary. It is not possible to increase
costs which are not justified. Concession of this
claim could have serious implications for the Company.
RECOMMENDATION:
5. The Court recommends that an evaluation of the workload be
carried out by the Company and the Union to establish whether the
claim for 5 hours payment is warranted and in the meantime the
payment be increased to 4 hours on the strict understanding that
the flexibility contained in the 1981 agreement is operated in
full.
~
Signed on behalf of the Labour Court
John M Horgan
23rd July, 1987 ---------------
U.M./U.S. Chairman