Labour Court Database __________________________________________________________________________________ File Number: CD8985 Case Number: LCR12324 Section / Act: S67 Parties: IRISH SOFT DRINKS LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim for an increase in pay and the introduction of a forklift allowance.
Recommendation:
6. Having considered the submissions made by the parties, the
Court recommends that in the special circumstances of this case
the Union should accept the Company's position as set out in its
submission to the Court.
The Court further recommends that the situation should be reviewed
at the end of the year.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD8985 RECOMMENDATION NO. LCR12324
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH SOFT DRINKS LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim for an increase in pay and the introduction of a
forklift allowance.
BACKGROUND:
2. Irish Soft Drinks Ltd has been in existence since 1947 and was
up to recently a family business. The Company manufactures squash
and cordials for sale in the home market. In October, 1986 Irish
Soft Drinks was taken over by the John Daly Group. The Company
has been supported by the Group in an investment of #100,000 and
the secondment of a manager and a salesman, but it now operates on
a "stand alone basis."
3. The claim covers forklift driver and 4 general operatives who
earn #155 per week and #125.98 basic at present. The Union is
seeking (a) an increase in basic pay and (b) the introduction of a
forklift allowance of #10 for two employees. No agreement on the
issues could be reached at local level and on 6th January, 1989,
the matter was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 1st February, 1989,
at which no progress was made and on 8th February, 1989, the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 6th March,
1989.
UNION'S ARGUMENTS:
4. 1. The John Daly Group, owners of Irish Soft Drinks, who
acquired the Company for strategic reasons, does not operate a
low pay policy anywhere else the in the Group. To continue to
do so at Irish Soft Drinks is to treat the claimants in a less
favourable manner than other workers in the group. They are
already penalised by short time working and their nett income
has been approximately #50 per week for over two years
(combined social welfare and nett take home pay).
2. The duties of the forklift operators have not been
adequately rewarded and the Union is seeking the introduction
of an allowance for the workers concerned.
3. This is an exceptional situation and the Union requests
the Court to take this into account in making its
recommendation.
4. These workers are the only unionised workers in the Dublin
Mineral Water Trade who are still on the J.L.C. rates.
COMPANY'S ARGUMENTS:
5. 1. Because of the precarious market position the Company
finds itself in, it is not in a position at present to alter
the existing wage rates. Its priorities at present are to
increase sales and production which in turn would put an end
to short time working.
2. The terms of the Programme for National Recovery were
agreed at J.L.C. level and have been implemented. Any further
claims of a cost increasing nature are precluded under this
Agreement.
3. One of the employees concerned was originally employed as
a delivery truck driver. When direct deliveries were
discontinued he was transferred to the production plant and
his wage rate was red circled. Part of his present
responsibilities is to operate the forklift truck and he is
more than compensated by virtue of the higher wage rate he
enjoys (#160 per week) which covers this and other duties.
4. The other employee involved operates as relief forklift
driver to cover holidays, busy periods etc. The Company in
its letter to the Union dated 2nd December, 1988 (details
supplied to the Court) offered to organise formal training in
the forklift operation for the two operators. Upon successful
completion of the course, the part-time forklift operator
would be granted an allowance of #5 per week payable for weeks
when he actually operates the forklift as a relief man.
5. The Union rejected this offer and the Company was not
prepared to improve it, as it considered it fair and
reasonable considering the amount of time spent on the
forklift and the Company's position vis a vis costs.
RECOMMENDATION:
6. Having considered the submissions made by the parties, the
Court recommends that in the special circumstances of this case
the Union should accept the Company's position as set out in its
submission to the Court.
The Court further recommends that the situation should be reviewed
at the end of the year.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_____________________
21March, 1989. Deputy Chairman
T.McC./D.H./J.C.