Labour Court Database __________________________________________________________________________________ File Number: CD88881 Case Number: LCR12503 Section / Act: S67 Parties: TEAGASC - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union for the resumption of supplies of unpasteurised milk.
Recommendation:
5. The Court accepts that the provision of unpasteurised milk be
discontinued. The Court recommends that pasteurised milk be
provided at 46 pence per gallon to the claimants.
Division: MrMcGrath Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD88881 RECOMMENDATION NO. LCR12503
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: TEAGASC
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union for the resumption of supplies of
unpasteurised milk.
BACKGROUND:
2. This claim concerns fourteen farm staff who are employed at
Mellowes College Athenry. The workers concerned have received
weekly supplies of unpasteurised milk from the College since 1909.
The cost to the staff is 9 pence per gallon. In June, 1988 the
Authority advised the Union that it intended to cease the supply
of unpasteurised milk to workers at the College on health grounds.
Management stated however that they were prepared to supply
pasteurised milk to the workers at 58 pence per gallon. This
offer was based on the terms of Labour Court Recommendation 3867
which was issued in March, 1976. LCR3867 recommended that "the
price at which pasteurised milk should be offered to these workers
should be on the basis of 65% of the weighted average price
payable to registered milk producers." The Union rejected the
offer claiming that its members had been supplied with
unpasteurised milk for many years, without adverse affects on
health, and that it was a condition of the workers' employment.
The Authority maintained that its action was justified and claimed
that forthcoming legislation would make the sale of unpasteurised
milk illegal. Local discussions failed to resolve the issue and
the matter was referred to the conciliation service of the Labour
Court on the 3rd October, 1988. A conciliation conference was
held on the 25th October, 1988 but no agreement was reached. The
dispute was referred to the Labour Court for investigation and
recommendation on the 15th November, 1988. A Court hearing was
held on the 13th July, 1989 (the earliest date suitable to both
parties).
UNION'S ARGUMENTS:
3. 1. The supply of unpasteurised milk is part of the workers'
conditions of employment and they have received this milk
since the farm started approximately eighty years ago. During
this time none of the workers have ever suffered any adverse
effects from the use of unpasteurised milk. The Authority now
states that they are concerned about the health of staff.
This issue was raised previously in 1975 and in the ensuing
fourteen years no concern was expressed by Management with
regard to the risk to workers. Employees who have since left
the employment of Mellowes College (some twenty years ago) are
still in receipt of unpasteurised milk at the old prices.
2. The present price of milk to the employee is 9 pence per
gallon. Management are suggesting a charge of 58 pence per
gallon. This equates to #4.06 per week as against 63 pence
per week at present and is a substantial charge to the
workers. Over the last number of years there have been
cutbacks, redundancies, and a drastic reduction in overtime by
as much as #50 per week. The withdrawal of unpasteurised milk
would be the last straw and Management's attitude is petty and
adversely timed.
3. The sale of unpasteurised milk is still common in the
region. The local council is aware of the situation and the
Union's information is that it is not unlawful for a farmer to
consume unpasteurised milk. The Department of Agriculture and
Food has advised the Union that the sale of unpasteurised milk
and cream is not prohibited in this country.
4. The Department of Agriculture and Food has stated that
there is a proposal under the draft Milk and Daries
(Amendment) Act, 1989 to prohibit the sale of unpasteurised
milk. There is a derogation in the Act and the workers
concerned are covered under this clause and would still be
entitled to receive and use unpasteurised milk.
AUTHORITY'S ARGUMENTS:
4. 1. The Authority has a national responsibility to ensure that
the highest possible hygiene standards are attained in food
production. The continued supply of unpasteurised milk to its
own staff would seriously undermine the credibility of the
organisation in the eyes of the agricultural community and the
public at large.
2. It is contrary to the policy of the Department of Health
to continue with any practice whereby raw milk would be
consumed by members of the public. The Department advocates
only pasteurised milk should be drunk by consumers and has
prohibited raw milk sales in cities and most big towns.
4. 3. The Authority may be liable, in a civil action, to be sued
by any member of staff who may contact or claim to have
contacted an infectious disease through the consumption of raw
milk, particularly as such milk could be considered as part of
the staff's remuneration. The Authority would be held liable,
through negligence, for any such illness caused to workers in
failing to take sufficient precautions to prevent such
infection of staff.
4. Milk, and particularly raw milk, has long been recognised
by health authorities the world over, as being an ideal and
very dangerous medium for the growth and transmission of
infectious disease organisms to human beings. Milk can
readily be contaminated with infectious diseases communicable
to humans from various sources (details supplied to the
Court).
5. Under new legislation which will be introduced in 1989,
the sale or distribution of non heat treated milk will be
prohibited to protect consumers' health. The derogation from
the provisions of the Bill will only apply to the personal
consumption by a farmer and his family of milk produced on
that farm and also in remote areas, i.e. islands etc. where
pasteurised milk may not always be available.
6. The Authority requests the Court to recommend that the
supply of unpasteurised milk to staff be discontinued and that
pasteurised milk be supplied instead on the basis outlined in
LCR3867.
RECOMMENDATION:
5. The Court accepts that the provision of unpasteurised milk be
discontinued. The Court recommends that pasteurised milk be
provided at 46 pence per gallon to the claimants.
~
Signed on behalf of the Labour Court,
Tom McGrath
___8th____August,___1989. ___________________
T. O'D. / M. F. Deputy Chairman