Labour Court Database __________________________________________________________________________________ File Number: CD89650 Case Number: LCR12614 Section / Act: S67 Parties: ANTIGEN PHARMACEUTICALS LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union for increased rates of pay in respect of workers involved in the preparation of aseptically filled products.
Recommendation:
5. The Court recommends that the Union members agree to the
working of overtime necessary to complete the filling of a batch
and the Company should agree to improve the offer it made at
conciliation to 1 fill per week at 5%, 2 fills per week at 7%, 3
fills per week at 9%, 4 fills per week at 11%, and 5 fills per
week at 12%.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD89650 RECOMMENDATION NO. LCR12614
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ANTIGEN PHARMACEUTICALS LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union for increased rates of pay in respect of
workers involved in the preparation of aseptically filled
products.
BACKGROUND:
2. The Company is located in Roscrea, Co. Tipperary and
manufactures a range of generic tablets, liquids and injections.
In response to changing trends and competition in the
pharmaceutical industry the Company has introduced a new process
called aseptically filled production. Under this process the drug
product and container are subjected to sterilisation processes
separately and then brought together. Because there is no further
sterilisation of the product in its final container, the assembly
of the filling line and the subsequent filling and sealing of the
container must be carried out under precisely defined
environmental conditions and to specific operating procedures. A
high degree of assurance that the product has not been exposed to
any potential source of contamination is paramount to the success
of the operation. The filling of a batch is carried out by a
supervisor and two operators and takes about 8 hours (one complete
shift). The Union claims the new process produces high value
products in a highly skilled operation and, therefore, warrants
increased rates of pay (details supplied to the Court) for the
workers concerned. The Company rejected the Union's claim and
contends that the process requires minor variations and changes in
work-methods and does not produce highly priced products. No
agreement was reached at local level and the matter was referred
on 25th May, 1989 to the conciliation service of the Labour Court.
A conciliation conference took place on 9th June, 1989 at which
the Company put forward the following offer in the form of a bonus
expressed as a percentage of basic weekly pay:-
One fill 4%,
Two fills 6%,
Three fills 7%,
Four fills 8%,
Five fills 9%.
There were a number of conditions attaching to the offer including
a requirement for maximum flexibility in relation to overtime.
The Union did not accept the conditions attaching to the offer and
sought a higher percentage increase per fill. A further
conciliation conference held on 15th September, 1989 failed to
reach agreement between the parties. The matter was referred on
19th September, 1989 to a full hearing of the Labour Court. The
hearing took place on 11th October, 1989.
UNION'S ARGUMENTS:
3. 1. The Company's wage rates are less than those paid by most
pharmaceutical firms. The Company has in the past pleaded
inability to pay because they produced lower value product
than their competitors. The new process produces high value
products and there is no logical reason why the Company should
not pay a higher rate to the workers concerned.
2. There is an absolute need to ensure that the process is
carried out in a sterile environment. The workers are
required to wear double gownings, gloves, face-masking and
cannot sit down or touch fixtures. Thorough training and
validation of personnel is necessary before staff are allowed
work in this environment. The job is completely different
from any other in the Company and should entitle the workers
involved to a rate considerably higher than that of an
unskilled worker.
3. Under normal circumstances the filling of a batch under
aseptic conditions takes about eight hours, or one complete
shift. If a problem develops during the process overtime may
be required in order to complete the batch and protect the
product. The workers have co-operated with this new work
practice, with training and the shift changes necessary for
the introduction of the new process but has got no
compensation from the Company.
COMPANY'S ARGUMENTS:
4. 1. The Company's rates of pay are comparable to rates being
paid in the pharmaceutical industry. Any changes in rates of
pay would create anomalies throughout the Company leading to
further relativity claims. If the Company is to survive in
the future it must be in a position to change work-methods
without claims for additional pay.
2. There are no essential differences in the job content of
those filling products aseptically and those involved in other
filling operations. Different garbing procedures are required
in the operation and greater care must be taken in the
preparation of the room and equipment and in any intervention
during the filling process.
4. 3. Aseptically filled products will be low in volume and are
not highly priced. The Company has gone through a major
restructuring and rationalisation programme and has introduced
aseptically filled production in response to pressure on its
existing business. This has put the Company under severe
financial strain due to heavy borrowings made in recent years.
RECOMMENDATION:
5. The Court recommends that the Union members agree to the
working of overtime necessary to complete the filling of a batch
and the Company should agree to improve the offer it made at
conciliation to 1 fill per week at 5%, 2 fills per week at 7%, 3
fills per week at 9%, 4 fills per week at 11%, and 5 fills per
week at 12%.
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Signed on behalf of the Labour Court,
Evelyn Owens
__30th__October,___1989. ___________________
A. S. / M. F. Deputy Chairman