Labour Court Database __________________________________________________________________________________ File Number: CD88370 Case Number: LCR11979 Section / Act: S67 Parties: ABS PUMPS LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Company proposal to implement timing and work measurement of temporary workers.
Recommendation:
5. The Court, having considered the submissions made by the
parties, is of the view that the temporary employees should be
subject to work study on the same basis as permanent employees and
recommends that the Union should accept that position.
The Court also recommends that an agreement governing permanent
status for temporary employees should be concluded as soon as
possible.
Division: Mr Fitzgerald Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88370 RECOMMENDATION NO. LCR11979
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 67
PARTIES: ABS PUMPS LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Company proposal to implement timing and work measurement of
temporary workers.
BACKGROUND:
2. The Company which employs approximately 320 workers,
manufactures a range of pumps for the export market. Due to
increased demand for products at times a number of temporary
workers, which can amount to 60/65, are employed. A bonus scheme
operates in the Company, under the original rules of which workers
could not participate in the scheme until they had completed their
thirteen week probationary period. However following discussions
it was agreed that temporary workers could earn bonus when they
reached experienced workers' standard, and most temporary workers
now earn bonus within one month of starting. Management are of
the opinion that it should have the right to time or measure work
being performed by any worker, whether permanent or temporary for
the purpose of setting targets and standards in relation to the
bonus scheme. However, in July, 1985, when the Company's
Industrial Engineer attempted to time temporary workers in the
machine shop and motor winding departments there was an unofficial
stoppage of work. At the time the Company agreed to defer the
timing of temporary workers pending resolution of the issue.
However, despite numerous discussions no agreement was ever
reached and on 21st April, 1988, the matter was referred to the
conciliation service of the Labour Court. Conciliation
conferences were held on 4th and 12th May, 1988, at which
agreement could not be reached and on 1st June, 1988, the matter
was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 12th July,
1988.
UNION'S ARGUMENTS:
3. 1. There are strong objections from both the permanent and
temporary workers to management's insistence that it had the
right to time or measure work being performed by any worker.
Temporary workers would feel pressurised into performing over
and above the normal standards in order to impress the
supervisors and management. Both sets of workers are of the
opinion that as the work is being studied to establish
targets and standards which would be introduced into the
bonus scheme and retained on a permanent basis to be achieved
by permanent workers the studies should be conducted with
permanent workers. Management have stated that at times it
is necessary to study work which is being performed at the
time by temporary workers. However, there are sufficient
permanent workers who would have no objection to being
studied and would be willing to transfer to the work being
studied.
2. There is currently no agreement between the Company and
the Union regarding temporary workers being given permanent
status, which has caused a lot of concern. The parties are
currently engaged in negotiations on this issue, however
nothing has been concluded as yet. The temporary workers
feel that if they had the opportunity of attaining permanent
status within the Company, they would be contributing to
something directly related to them in the future. Instead,
the temporary workers feel that they can be used in studies
which may never again be to their advantage or benefit as
their employment may be terminated at any time. An agreement
on permanent status for temporary workers could result in the
resolution of the issue of timing and work measurement of
temporary workers.
COMPANY'S ARGUMENTS:
4. 1. In order to generate temporary employment there is
flexibility of working arrangements, the alternative of which
would be rigid application of the rules, which would deny
many temporary workers the chance of employment. However, at
the same time the Union objects to the timing of temporary
workers. The exclusion of experienced temporary workers from
timing obstructs the Work Study Department and there have
been a number of instances in recent months alone when the
Industrial Engineers have been unable to time jobs due to
temporary workers being on the relevant jobs.
2. The Company must have the right to include temporary
workers when timing jobs. If a worker whether temporary or
permanent is paid the experienced workers standard for a
particular job then that worker is eligible to be timed on
that job. Under the terms of the bonus agreement a worker
has the right to appeal the target set on a job if s/he
considers it unfair. The Company is not trying to time
temporary workers to the exclusion of permanent workers, but
simply wishes to exercise its right to time a job when it is
performed by an experienced worker, whether that person is
permanent or temporary.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, is of the view that the temporary employees should be
subject to work study on the same basis as permanent employees and
recommends that the Union should accept that position.
The Court also recommends that an agreement governing permanent
status for temporary employees should be concluded as soon as
possible.
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Signed on behalf of the Labour Court
4th August, 1988 Nicholas Fitzgerald
U.M./P.W. Deputy Chairman