Labour Court Database __________________________________________________________________________________ File Number: CD88264 Case Number: AD8826 Section / Act: S13(9) Parties: CADBURY (IRELAND) PLC - and - AMALGAMATED ENGINEERING UNION;NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION |
Appeals, by both parties, against a Rights Commissioner's Recommendation No. S.T. 349/87, concerning the provision of free meals to twelve fitters.
Recommendation:
6. In all the circumstances of the case the Court considers that
the Rights Commissioner's recommendation should stand and
accordingly the Court rejects the appeals from both parties.
The Court so decides.
Division: Ms Owens Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88264 APPEAL DECISION NO AD2688
INDUSTRIAL RELATIONS ACT, 1969
SECTION 13(9)
PARTIES: CADBURY (IRELAND) PLC
AND
AMALGAMATED ENGINEERING UNION
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
SUBJECT:
1. Appeals, by both parties, against a Rights Commissioner's
Recommendation No. S.T. 349/87, concerning the provision of free
meals to twelve fitters.
BACKGROUND:
2. Early in 1983 the Company introduced a four cycle shift system
for maintenance staff. This involved working at weekends when
normal canteen facilities were not available. A claim was served
for the provision of fresh food at weekends and an arrangement was
reached whereby one worker per shift would cook food for all. The
agreement stated that normal canteen prices would apply. The
arrangement came into operation in April, 1983, but soon
afterwards, managers ceased to collect money for food. Free meals
were provided for these workers thereafter. In 1986/87 the
Company reorganised the total catering service provided on site.
Under the new system, two chefs, operating on shift, cook food,
chill it and place it in vending machines. Food is therefore
available from the vending machines at all times. The new system
is operated by means of inserting a computer card and money into a
machine. Credits are thus accrued on the card. The card is then
inserted in the vending machine and the cost of each item
purchased is debited on the card. The Company, in 1988, sought to
discontinue the existing arrangement of maintenance staff cooking
food at weekends, because of the availability of food from vending
machines. The Unions, on behalf of the twelve fitters they
represent, objected to the proposed discontinuation of the
provision of free fresh meals. No agreement was reached and the
matter was referred to a Rights Commissioner who held an
investigation on 15th February, 1988. On 19th February, the
Rights Commissioner recommended as follows:-
" In view of the fact that these four cycle shift workers
have enjoyed a period of five years on free meals, I
recommend that they have established a right to same by
custom and practice. However, they must use the same
system which is in operation for all other grades. I
consider that compensation based on a 12 months period of
likely cost is the most appropriate form of compensation.
I estimate this at £99.00 for each of the claimants. I,
therefore, recommend that each of the claimants receives
credits on their cards to that value, over the next
twelve months. The schedule should be agreed between the
parties. "
Both parties appealed this recommendation to the Labour Court, the
Company by letter dated 1st April, 1988. The Court heard the
appeals on 2nd May, 1988.
UNIONS' ARGUMENTS:
3. 1. The Unions agree with the Rights Commissioner's statement
that the workers have established a right to free meals by
custom and practice but reject his recommendation that £99 be
paid as compensation to each worker for the loss of this
right.
2. Fresh food has been available to these workers since 1983
at no charge. It is not accepted that this situation came
about by default. The Unions consider that this arrangement
should not now be discontinued.
3. The Unions are not satisfied with the service provided by
the vending machines. Complaints regarding this matter have
been forwarded to the catering manager.
4. Holiday entitlements, overtime worked etc. are not
relevant to this dispute.
COMPANY'S ARGUMENTS:
4. 1. The Company had accepted in the past that the catering
service provided at weekends was not on par with the service
provided mid week. This is now not the case. The canteens
have been upgraded over the past eighteen months at a capital
cost of £450,000. One of the main purposes in investing this
capital in the reorganisation of the canteens was to provide a
common facility to all employees 168 hours per week.
2. All meals are subsidised by the Company. The cost of the
subsidy in 1987 was £400,000. This takes account of the fact
that the price of a number of meals and drinks were reduced
with the introduction of the new service. The Company feels
strongly that it should not have to add further to this
subsidy by providing free food for any group.
4. 3. There is no disagreement regarding the fact that the
workers have received food without payment for a number of
years. However, this was by default and not by agreement as
the agreement reached in 1983 clearly provided for normal
prices to apply. The Company is not seeking to recover any of
the monies owed.
4. Boilermen have worked weekends for over fifteen years.
During this period of time they have never received free food.
5. The 4-shift workers are very highly compensated for the
inconvenience and any unsociable aspect of the shift system.
They have favourable remuneration, overtime and holiday
arrangements.
6. The original claim in 1983 was based on the fact that the
Company did not provide a common catering service. The
interim agreement reached then was for normal prices to apply.
The Company has now fully satisfied the original claim and are
providing common facilities across all shifts.
DECISION:
6. In all the circumstances of the case the Court considers that
the Rights Commissioner's recommendation should stand and
accordingly the Court rejects the appeals from both parties.
The Court so decides.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___13th___May,____1988. ___________________
A. K. / M. F. Deputy Chairman