Labour Court Database __________________________________________________________________________________ File Number: CD89629 Case Number: LCR12612 Section / Act: S67 Parties: CHESTERTON INDUSTRIES B.V. - and - AMALGAMATED ENGINEERING UNION |
Dispute concerning the use of measuring instrumentation by Grade 11 workers.
Recommendation:
8. The Court has fully considered the issues raised by the
parties in their written and oral submissions.
The Court notes the parties recognise the need for change in this
area if work and jobs are to be secured. Accordingly the Court
makes the following recommendations as a basis to resolve the
matter.
1. That the current number of craftsmen be retained in
employment and that there be no redundancies in the
grade arising from this recommendation. Further, in the
event of vacancies arising in the craft grade these be
filled by craftsmen.
2. That the craftsmen (grade 1) accept that the following
work be carried out by Grade II personnel subject to 1
above and the craftsmen in Grade 1 being fully utilised.
1. Operation of the "Burgmaster" milling machine.
2. The polishing operation, which will include the
use of the converted Lathe and the special
polishing heads.
3. This also includes "O" ring surfaces, Carbon
Counter Bore Holders and Gasket Facts etc.
With the exception of the above craft work not to
be carried out by other than time served
craftsmen.
3. That the Company offer in respect of increases in
remuneration be accepted.
4. That the situation be kept under review and assessed in
December, 1990.
Division: MrMcGrath Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89629 RECOMMENDATION NO. LCR12612
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CHESTERTON INDUSTRIES B.V.
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
AMALGAMATED ENGINEERING UNION
SUBJECT:
1. Dispute concerning the use of measuring instrumentation by
Grade 11 workers.
BACKGROUND:
2. The Company is engaged in the manufacture of mechanical seals
and liquid maintenance products. It employs 80 people and has
been in operation in Ireland since 1979. The craft workers are
graded at Grade I and paid #220.12 a week. The operative workers
are graded at Grade 11 and paid #179.28 a week.
3. In May, 1989 the Company informed the Union that it intended
to undertake a new project (line loading) which would create 12
new jobs. The Company also informed the Union that it would be
requiring Grade 11 workers to use measuring instrumentation (up to
this time only craft workers, Grade 1 used this equipment).
Initially the Union objected to this proposal but later agreed to
allow limited use of instrumentation by 4 Grade 11 personnel
provided compensation was paid to these workers. The Company
rejected all claims for compensation.
4. The parties then agreed to refer the dispute to a Rights
Commissioner who would act as a mediator. Following an
investigation the mediator put forward the following proposals:
"On the basis of the following proposals the Company will
amend the Programme for National Recovery (P.N.R.) as
follows, in full and final settlement of all claims
associated with the proposed changes in work practices as
specified hereunder:
Wages:
From date of acceptance, the P.N.R. second phase payment
of 2.50% will be increased by a further 2.50% to give a total
of 5%.
The third phase of the P.N.R. due on 1st September, 1990
of 2.50% will be increased by 1.50% to give a total of 4%.
The offer in total amounts to 4.0375% compounded, in
addition to bringing forward the second phase of the
P.N.R. by 15 weeks.
Work Practices:
In consideration of the above wage increases the Company
requires the following:
A The use of all measuring instrumentation by grades 1
and 11. Associated with this requirement will be work
on the following machines and work processes
hereunder.
1. Operation of "Burgmaster" milling machine.
2. The polishing operation, which will include the
use of the converted Lathe and the special
polishing heads.
3. This also includes "O" ring surfaces, carbon
counter bore holders and gasket faces etc."
The above proposal was put to the workers concerned, without a
recommendation from the Union, for their consideration and was
rejected.
5. The matter was then referred to the conciliation service of
the Labour Court on the 6th July, 1989. A conciliation conference
was held on the 22nd August, 1989. At the conciliation conference
the Company increased its offer to provide for a second phase
increase of 5% and gave assurances that no craft work (apart from
that specified in the Proposals) would be carried out by grade 11
workers and that no redundancies would arise as a result of the
changes. The revised proposals were rejected by the workers
concerned and both parties subsequently agreed to a referral to
the Labour Court for investigation and recommendation. A Court
hearing was held on the 2nd October, 1989.
UNION'S ARGUMENTS:
6. 1. The Company's failure to secure agreement from the
workforce arises from a lack of trust by the employees most
directly affected by these changes as they fear that the
Company may be trying to do away with the craft worker grade.
2. The Company has failed to respond positively to the
Union's proposals by not making an offer of compensation to
those workers who are directly affected by the changes in
recognition of the extra responsibilities which they will have
to take on.
COMPANY'S ARGUMENTS:
7. 1. The Company is part of a Multinational Enterprise. To
survive it has to compete against not only external opposition
but sister companies. In addition to its requirements for the
proposed project it must also have the facility of non craft
personnel using instrumentation. The Company has given
assurances that the proposed changes in work practices will
not lead to redundancies and that no other craft work will be
undertaken by non craft personnel.
2. The Company considers that the monetary terms of the offer
are fair and reasonable in return for the changes sought and
asks the Court to recommend that its offer be accepted by the
workers concerned.
RECOMMENDATION:
8. The Court has fully considered the issues raised by the
parties in their written and oral submissions.
The Court notes the parties recognise the need for change in this
area if work and jobs are to be secured. Accordingly the Court
makes the following recommendations as a basis to resolve the
matter.
1. That the current number of craftsmen be retained in
employment and that there be no redundancies in the
grade arising from this recommendation. Further, in the
event of vacancies arising in the craft grade these be
filled by craftsmen.
2. That the craftsmen (grade 1) accept that the following
work be carried out by Grade II personnel subject to 1
above and the craftsmen in Grade 1 being fully utilised.
1. Operation of the "Burgmaster" milling machine.
2. The polishing operation, which will include the
use of the converted Lathe and the special
polishing heads.
3. This also includes "O" ring surfaces, Carbon
Counter Bore Holders and Gasket Facts etc.
With the exception of the above craft work not to
be carried out by other than time served
craftsmen.
3. That the Company offer in respect of increases in
remuneration be accepted.
4. That the situation be kept under review and assessed in
December, 1990.
~
Signed on behalf of the Labour Court
Tom McGrath
______________________
26th October, 1989. Deputy Chairman.
M.D./J.C.