Labour Court Database __________________________________________________________________________________ File Number: CD87619 Case Number: AD8788 Section / Act: S13(9) Parties: ARKLOW POTTERY LTD - and - ITGWU |
Appeal, by the Union, against Rights Commissioner's Recommendation No. CM/17909.
Recommendation:
5. The Court considers that the Rights Commissioner's
Recommendation is fair and reasonable and decides that it be
upheld.
Division: CHAIRMAN Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87619 THE LABOUR COURT AD8887
INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 88 OF 1987
Parties: ARKLOW POTTERY LIMITED
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Appeal, by the Union, against Rights Commissioner's
Recommendation No. CM/17909.
Background:
2. On 6th and 7th May, 1987, due to an ESB strike, the Company
had to lay off approximately half its workforce. Power for the
remaining operations was provided by the Company's own generator.
However, due to difficulties with the generator liquid material
solidified and had to be dug out. One of the mill men was
called into perform this task and was assisted by a worker from
the warehouse who was not fully employed at that time. The Union
contends that another worker should have been called into do this
work and sought payment of four hours pay. The Company rejected
this claim. As no agreement could be reached at local level the
matter was referred to a Rights Commissioner who recommended as
follows:-
"It was as easy to call in the worker as the other person
whom he would have been helping but this may have been an
oversight. As it was a once-off occasion and provided he
understands that he has not an automatic right to be
called-in in such situations I recommend that he be given
two hours' pay."
*Note: the worker was named in this recommendation.
On 12th August, 1987 the Union appealed this Recommendation to the
Labour Court. The Court heard the appeal in Arklow on 13th
October, 1987, the earliest date suitable to the parties.
Union's arguments:
3. (i) The job in question had been carried out by the worker
here concerned for a considerable time. He should have
been called in on this occasion.
(ii) Although two men were required for the job the Company
used a worker from a different department in preference
to the worker here concerned.
Company's arguments:
4. (a) The ESB strike was outside the control of management as
was the malfunction of the generator. In the
circumstances the Company had to make the best use of
the facilities and manpower available.
(b) The Rights Commissioner's Recommendation is generous
and should be accepted.
DECISION:
5. The Court considers that the Rights Commissioner's
Recommendation is fair and reasonable and decides that it be
upheld.
~
Signed on behalf of the Labour Court
John M Horgan
4th November, 1987 ---------------
R.B./U.S. Chairman