Labour Court Database __________________________________________________________________________________ File Number: CD88747 Case Number: LCR12114 Section / Act: S67 Parties: TOWN OF MONAGHAN CO-OPERATIVE - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claims on behalf of: (a) 8 laboratory staff for an increase in pay to #160 a week, and (b) 8 bulk milk drivers for improved weekend payments.
Recommendation:
1988
Division: CHAIRMAN Mr Heffernan Mr Devine
Text of Document__________________________________________________________________
CD88747 RECOMMENDATION NO. LCR12114
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: TOWN OF MONAGHAN CO-OPERATIVE
AND DAIRY SOCIETY LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claims on behalf of:
(a) 8 laboratory staff for an increase in pay to #160 a week,
and
(b) 8 bulk milk drivers for improved weekend payments.
GENERAL BACKGROUND:
2. The claims on behalf of the workers concerned were first
lodged by the Union in November, 1987. It was agreed between the
parties to defer discussions on the claims until early 1988.
3. No progress could be made at local level and the matter was
referred to the conciliation service of the Labour Court on 2nd
August, 1988. Conciliation conferences were held on 30th August,
and 29th September, 1988. Following the first conference the
following proposals emerged which the parties agreed to recommend
for acceptance. In respect of the bulk milk drivers, the claim to
be resolved by an increase of #100 in their annual nett bonus
payment of #550 bringing it to #650. On the laboratory staffs
claim it was proposed to increase their weekly wage to #155.03
subject to them starting work on 8.30 a.m.. These proposals were
rejected by the workers concerned. As no agreement was possible
both parties consented to a referral to the Labour Court for
investigation and recommendation. A Court hearing was held in
Monaghan on 26th October, 1988.
Claim (a) Laboratory increase in pay:
Background:
4. The eight laboratory staff (including a supervisor) have
service ranging from 8 years to 23 years. The current rates of
pay are as follows:-
One technician on #155.03
Two technicians on #146.42
Four technicians on #144.98
Three of the workers work a 40 hour week, the other four a 37.50
hour week.
5. The Union's claim is for a basic weekly pay of #160 for each
technician and that the supervisor maintains her differential of
#10 a week. The Company's offer which emanated from the
conciliation conferences was rejected on the basis that to put all
the workers on a forty hour week was a retrograde step.
UNION'S ARGUMENTS:
6. 1. The claim for #160 per week is based on the average
earnings for 4th year technicians across 15 other co-ops. The
claim was lodged following the successful conclusion of
courses for 3 of the technicians for City and Guilds Dairy
Science Certificates, the remainder already having higher
qualifications.
2. The Society have argued that there is a pay a relationship
between laboratory and clerical staff which cannot be
disturbed. The Union has never accepted this argument as both
sets of workers are separate entities. In fact the Union has
already assured the Society that there would be no
repercussive effects if this claim was conceded.
3. The Society's proposed increase was spoiled by introducing
the issue of an earlier starting time. This, the Union feels,
is a retrograde step. It is also the contention of the Union
that there is no gain to the Society in having staff
commencing work at 8.30 a.m. as the first delivery of milk
does not normally arrive until 10.00 a.m.. The 8.30 a.m.
start was introduced to facilitate work in the Mona Division.
Not all the technicians are required to work there.
SOCIETY'S ARGUMENTS:
7. 1. The Society rejects the claim as the rates of pay for
laboratory staffs evolved differently in different
organisations. Many Societys have concluded productivity
agreements with their worker. This Society, because of the
small number of staff involved, is not in a position to
conclude similar agreements. Nevertheless, in an effort to
resolve the matter the Society put forward its offer of
#155.03 a week subject to an 8.30 a.m. start.
2. The Society reject the Unions statement that there would
not be enough work available if all staff reported at 8.30
a.m.. There is enough productive work to be done before the
milk deliveries arrive.
Claim (b) Bulk Milk drivers - improved weekend payments:
BACKGROUND:
8. The drivers traditionally work a seven day week collecting
milk from the suppliers and delivering it to the Co-op. in
Monaghan town. The existing pay structure was established in
1978. The pay rate is #167 a week plus a bonus paid at Christmas
and overtime for Saturday and Sunday. The workers are paid 12
hours for Saturday and 14.50 hours for Sunday regardless of the
hours worked. The Union's claim is for payment of 15 hours for
Saturday and 16 hours for Sunday. The claim was based on a
re-organisation which had taken place as a result of a fall in
milk supplies and the non replacement of two drivers who left the
Society's employment (one retired and the other accepted voluntary
redundancy).
9. The Society, following an examination gave the Union an
undertaking that (a) if any individual driver feels he has a
particular grievance the Society would investigate the route
immediately and (b) the Society would review all the routes in the
winter in light of the claims being made by the tanker drivers
concerning their hours. This failed to resolve the issue and the
matter was referred to the conciliation service.
UNION'S ARGUMENTS:
10. 1. The workers accept that there has been a drop in milk
supplies, however they have responded to the situation by
accepting lay-offs, a complete re-organisation of the routes
and the non replacement of two workers, which is more than
fair under the circumstances. It takes at least eight hours
each week day to complete their deliveries. It is only
reasonable then to assume that it also takes the same time at
weekends. The appropriate rate for Saturdays is T + .50 for the
first 2 hours and 2T for the remaining hours, and for Sundays
2T for all hours - equivalent to 15 hours for Saturday and 16
hours for Sunday.
2. The present payment system provides for an element of the
longer summer hours being offset by shorter working hours on
winter weeks. However with the re-organisation of the routes
it means that even if less milk is collected in winter the
same routes still have to be traversed taking the same amount
time irrespective of the time of year.
3. The proposal to increase the bonus by #100 was rejected as
representing a small fraction of the true worth of the
increase claimed.
SOCIETY'S ARGUMENTS:
11. 1. It is the Society's view that the work load of the bulk
milk drivers had definitely not increased. Since the
imposition of the milk quota regime, supply has reduced by
10%. Over 200 of the Society's suppliers have ceased milk
production. Two tanker routes were closed in 1988 as a result
but this had little or not effect on the remaining routes.
Examination of the time sheets show clearly that, generally
speaking the drivers do not work excessive hours. Indeed,
even at peak, some drivers can complete their days work well
within the 8 hour day. Off peak, the work can be done in even
less time.
2. The Society is satisfied that the payments made adequately
compensate for the actual hours worked. Furthermore, the
method of payment is reasonable bearing in mind that the
driver's control their working hours. It is also the
Society's view that its arrangements compare favourably with
other Societies (details supplied to the Court).
3. Because of the present economic climate which prevails and
the challenges now facing the industry (details supplied to
the Court) it is the Society's view that discussions should be
taking place on ways and means of reducing costs such as
alternate day collection, reductions in weekend working better
equipment and more cost efficient work practices rather than
cost increasing claims.
RECOMMENDATION:
12. The Court considers that the offers which emerged at the
conciliation conference are fair and reasonable and recommends
that they be accepted now and in the case of the laboratory staff
that the increases be implemented with effect from 1st September,
1988.
The Court recommends that the hours actually worked by drivers at
weekends be monitored on a continuous basis over 12 months as
proposed by the Society.
~
Signed on behalf of the Labour Court
John M. Horgan
_____________________
11th November, 1988 Chairman.
M.D./J.C.