Labour Court Database __________________________________________________________________________________ File Number: CD89389 Case Number: LCR12497 Section / Act: S67 Parties: ARKLOW POTTERY - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claims by the Union for (a) payment for co-operation with new machinery and (b) payment of higher rate for use of automatic lifter.
Recommendation:
12. Having considered the submissions made by the parties the
Court makes the following recommendation.
(a) New Casting Plant
The Court does not consider that an increased rate is
appropriate in this instance and recommends that the
employer's offer of a lump sum be increased to #550.
(b) Higher Rate for Automatic Lifter
In this instance the Court is of the opinion that an
adjustment of the amount claimed is not warranted and
recommends that the employer's offer of 5p per hour be
accepted.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89389 RECOMMENDATION NO. LCR12497
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ARKLOW POTTERY
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claims by the Union for (a) payment for co-operation with new
machinery and (b) payment of higher rate for use of automatic
lifter.
GENERAL BACKGROUND:
2. Both claims have been the subject of negotiations at local
level. However as no agreement was possible the issues were
referred to the conciliation service of the Labour Court on the
19th April, 1989. A conciliation conference was held on the 17th
May, 1989. 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 Arklow on the 18th
July, 1989.
3. Claim (a) - payment for co-operation with new machinery
BACKGROUND:
In September, 1988 the Company installed a new semi automatic
casting plant. The purpose of the new machine is to fill the
moulds of the various pieces of pottery with the liquid clay or
slip. This operation was previously prepared totally by hand.
4. The Company sought the introduction of an early start to
operate this equipment. It was not possible to reach agreement on
this and as an alternative, agreement was reached on staggered
breaks with two operators together allowed to take their breaks at
any one time. The filling of moulds now takes place from 8.00
a.m. to 2.30 p.m. daily with all breaks taken on a staggered
basis.
5. The Company offered a once off lump sum payment of #300 (which
was subsequently increased to #420 at conciliation) to the workers
concerned for operating the staggered breaks. The Union rejected
the Company's offer and claimed a weekly increase in pay of 5%.
UNION'S ARGUMENTS:
6. 1. Prior to the introduction of the casting machine casting
was done manually which meant that the worker could operate at
his own pace and take rest breaks etc during the course of the
working day. However under the new system this is not now
possible and the operator is virtually confined to the machine
and must arrange for relief.
2. The introduction of the staggered break system, whilst
obviously improving productivity and throughput from a
management point of view, puts great pressure on the
operators. The Union considers that the proper form of
compensation would be an increase of 5% in the weekly rate.
COMPANY'S ARGUMENTS:
7. 1. The new casting plant has cost in excess of #120,000 to
install; and the Company should not be penalised as a result
of new capital investment. The nature of the work of the
casting operators has not changed. They now perform their
work on a more uniform and controlled basis.
2. To change their rate of pay, currently at #131.60 basic
plus 25% average bonus, #164.50 could give rise to further
claims for restoration of differentials. Any increase in
basic pay would also give rise to automatic claims based on
the introduction of further new equipment.
8. Claim (b) - payment of higher rate for use of automatic lifter
BACKGROUND:
In 1985 the Company purchased an automatic lifter for the use of
the service man in the Bisque warehouse. His main duties are to
take bisque ware on pallets from the ovens to the bisque warehouse
using the automatic lifter. He also removes scrap from the day
department to the moll and tip over the scrap into a pile.
9. The worker is paid at an hourly rate of #2.73. The Union is
claiming that he should be paid an hourly rate of #3.09. The
Company rejected the claim and in the course of negotiations
offered to increase the hourly rate by 5p to #2.78 an hour.
UNION'S ARGUMENTS:
10. 1. The worker concerned carries out, apart from the automatic
lift duties, other duties which carry the higher rate of #3.09
for other employees. Accordingly in view of the worker's
responsibility with the automatic lifter coupled with his
other duties the Union considers its claim to be fair and
reasonable.
COMPANY'S ARGUMENTS:
11. 1. The service man in the bisque warehouse is paid the same
rate as the other three service men. The automatic lifter
makes his job relatively easier than when it was done using a
manual lifter.
2. While some other employees on higher rates use the lifter
from time to time, they carry their higher rates of pay. This
cannot now be twisted to justify paying the higher rate to the
service man. To change the service man's rate could give rise
to further claims arising out of changed differentials.
RECOMMENDATION:
12. Having considered the submissions made by the parties the
Court makes the following recommendation.
(a) New Casting Plant
The Court does not consider that an increased rate is
appropriate in this instance and recommends that the
employer's offer of a lump sum be increased to #550.
(b) Higher Rate for Automatic Lifter
In this instance the Court is of the opinion that an
adjustment of the amount claimed is not warranted and
recommends that the employer's offer of 5p per hour be
accepted.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
3rd August, 1989 Deputy Chairman.
M.D./J.C.