Labour Court Database __________________________________________________________________________________ File Number: CD90541 Case Number: LCR13077 Section / Act: S67 Parties: BORD NA MONA - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Dispute concerning the rates of pay and credit for service for 32 workers.
Recommendation:
7. Having considered the submissions made by the parties the
Court is satisfied that the break in service and the consequent
change in status was entirely voluntary in respect of all the
workers concerned. The terms and conditions upon which they were
subsequently re-employed were well known and understood and in
accordance with well established practice.
The Court therefore does not recommend concession of the Union's
claim.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD90541 RECOMMENDATION NO. LCR13077
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BORD NA MONA
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Dispute concerning the rates of pay and credit for service for
32 workers.
BACKGROUND:
2. At various times over the past twenty-five years the workers
concerned who are employed at Oweninny Works, Co. Mayo, ceased to
be permanent employees of Board Na Mona and subsequently returned
as seasonal workers. Some workers returned the season immediately
following the cessation of their permanent employment while others
had gaps of between two and ten years. When the workers were
engaged as seasonal workers they were placed on the bottom scale
of their respective job categories and accrued increments and
service from thereon.
3. However, in 1984 the Company, as part of a major
rationalisation and cost cutting plan, introduced a permanent to
seasonal package whereby certain categories of permanent workers
were invited to transfer from permanent to seasonal without loss
of service or drop on the pay scale.
4. Initially the Union lodged a claim on behalf of 3 of the
workers concerned for credit service and retrospective pay in
accordance with the 1984 package. The number of workers involved
in the claim was subsequently increased to 32. Bord Na Mona
rejected the claim on the grounds that the workers concerned
terminated their employment voluntarily prior to the 1984 package
and were well aware that they would have to apply for seasonal
work in the normal manner i.e. call to the Works Office prior to
each production season and place their name on a register from
which vacancies for that season would be filled. This system
operated equally for those with previous seasonal experience and
prospective new employees.
5. As no agreement was reached the matter was referred to the
conciliation service of the Labour Court on 16th July, 1990. A
conciliation conference was held on 31st August, 1990. As no
agreement was reached the parties consented to a referral to the
Labour Court for investigation and recommendation. A Court
hearing was held in Castlebar on 17th October, 1990.
UNION'S ARGUMENTS:
6. 1. The movement of men from permanent to seasonal status was
not negotiated through the Union but was done locally on an
"ad hoc" basis with no great concern for the resultant affects
on the individuals' ongoing future connection as employees of
Bord Na Mona. Events in recent years have made tenure of
service most important in the Company, what with 1,600
redundancies and the introduction of new work systems having a
tremendous impact on employment prospects for both seasonal
and permanent workers.
2. It is the Union's contention that the workers concerned
should not have suffered any loss by reverting to seasonal
status from permanent (in some cases it took the workers six
to ten years to retrieve their previous jobs and earnings) and
that on returning to work each year they should have taken up
their previous jobs and positions on the relevant pay scales.
3. The agreements reached with the Company in respect of
seasonal workers in December, 1984 and October, 1987 did not
take into account the workers at Oweninny (details supplied to
the Court).
COMPANIES ARGUMENTS:
7. 1. All of the workers involved voluntarily terminated their
own employment. In the case of permanent employees they
terminated their employment while full-time employment was
still available to them. In the case of seasonal employees
they left at their own request during the season and/or failed
to make themselves available for work in subsequent seasons.
2. The standard and accepted practice for applying for
employment at Oweninny works was known to all the workers. If
they were available for or interested in obtaining employment
then they should have followed these procedures.
3. When the workers wished to be considered for re-employment
subsequent to their break of service they adhered to the
standard practice of applying to the Works. On re-employment
the claimants accepted terms which reflected their status as
new employees, i.e. they were placed on the minimum of the pay
scale.
RECOMMENDATION:
7. Having considered the submissions made by the parties the
Court is satisfied that the break in service and the consequent
change in status was entirely voluntary in respect of all the
workers concerned. The terms and conditions upon which they were
subsequently re-employed were well known and understood and in
accordance with well established practice.
The Court therefore does not recommend concession of the Union's
claim.
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Signed on behalf of the Labour Court,
John O'Connell
__16th__November,__1990. ___________________
M. D. / M. F. Deputy Chairman