Labour Court Database __________________________________________________________________________________ File Number: CD88374 Case Number: LCR11973 Section / Act: S67 Parties: H. B. ICE CREAM LIMITED - and - MANUFACTURING SCIENCE FINANCE |
Claim on behalf of one employee for an increase in salary on the basis of a change in conditions and new technology.
Recommendation:
5. In the circumstances of this case the Court is of the view
that the changes which have taken place in the work of the
claimant do not justify an increase in salary. The Court
accordingly does not recommend concession of the claim.
Division: Ms Owens Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88374 RECOMMENDATION NO. LCR11973
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: H. B. ICE CREAM LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim on behalf of one employee for an increase in salary on
the basis of a change in conditions and new technology.
BACKGROUND:
2. The Company is engaged in the manufacture and distribution of
ice-cream and frozen foods. The worker concerned is one of two
laboratory technicians employed. The other laboratory technician
is a member of another Union. Their work has traditionally been
principally concerned with the ice-cream product. In late
1986/early 1987 the Company installed new equipment to test frozen
food and a new kitchen. On 16th April, 1987 the Company issued a
new job specification (copy supplied to the Court). The
additional responsibilities relate to the cooking and testing of
frozen food products (not ice-cream). The Union sought an
increase in salary for the laboratory technician on the basis of
the use of new technology and extra responsibilities. The Company
was not prepared to pay any increase. The matter was referred, on
11th April, 1988 to the Conciliation Service of the Labour Court.
No agreement was reached and the matter was referred to a full
hearing of the Labour Court. The hearing took place on 23rd June,
1988.
UNION'S ARGUMENTS:
3. 1. The 1984 agreement on technology states in Clause 2.4
" Remuneration for future changes and increased
productivity, as a result of new technology,
other than that already agreed, will be
negotiated separately from this agreement. "
The Union considers that this clause applies in the present
case since the equipment installed falls into the category of
new technology.
2. The work which the Company has requested the laboratory
technician to perform in the kitchen constitutes extra
responsibility and should therefore be paid for. (A copy of
the worker's new job description indicating the changes
required was supplied to the Court).
COMPANY'S ARGUMENTS:
4. 1. The work which is required of the two laboratory
technicians employed is consistent with that required of
laboratory technicians in any developing food Company. Any
testing work forms part of their normal terms and conditions.
For health reasons the range of tests which must be carried
out is increasing. To ensure its competitive position the
Company must keep pace with developments of this kind. The
amount of cooking required is very little and simply involves
the preparation of convenience foods.
2. Any involvement with new testing equipment should, in the
Company's opinion, be seen as a means of increasing technical
competence. The 1984 technology agreement referred to by the
Union related specifically to the installation of a computer.
The two laboratory technicians benefited financially from this
agreement although they had no direct involvement in the
changes concerned.
3. Concession of the claim could have repercussive effects.
RECOMMENDATION:
5. In the circumstances of this case the Court is of the view
that the changes which have taken place in the work of the
claimant do not justify an increase in salary. The Court
accordingly does not recommend concession of the claim.
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Signed on behalf of the Labour Court.
Evelyn Owens
___28th___July,____1988. ___________________
A. K. / M. F. Deputy Chairman