Labour Court Database __________________________________________________________________________________ File Number: CD92199 Case Number: LCR13647 Section / Act: S26(1) Parties: ORMOND PRINTING COMPANY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for a rate for perfect binding machine operation.
Recommendation:
Following consideration of the submissions made the Court
recommends:-
1. That the Union's claim for increased payment of 5% for the
Perfect Binder be conceded on a basis of one person to four
feeder stations except where this is impracticable.
2. That payment be made on the following basis:-
2 hours - 1 days pay
2 days - 1 weeks pay
3. That the retrospection (total) of #4,000 be paid to those
who operated the machine since 1988.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92199 RECOMMENDATION NO. LCR13647
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ORMOND PRINTING COMPANY
(Represented by the Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for a rate for perfect binding machine
operation.
BACKGROUND:
2. The Company is engaged in computer manual printing. In
1988 the Company introduced a new binding machine and the Union
served a claim for a rate for its operation. The claim is on
behalf of the workers (the number can vary from 4 to 12) who are
involved in crewing the machine. The parties agreed to have the
claim dealt with at central negotiations. In the meantime the
machine has operated according to clause 11 of the Registered
Employment Agreement (R.E.A.) for the printing industry which
states as follows:
New Machinery and Devices
The following procedure will be used when new or amended
machinery or devices are introduced that are not covered by
existing Agreements:
The organisations concerned shall arrange a joint
inspection within three months of the machine commencing
running. Meantime, pending the inspection and until
agreement is reached, the machine operator shall receive
his ordinary wages. In the event of a higher rate being
agreed, it will have retrospective application less any
agreed training period.
By February, 1991 no progress was made at central negotiations
and the claim was again the subject of local negotiations. No
agreement was reached and the dispute was referred on 3rd April,
1991 to the Labour Relations Commission. A conciliation
conference was held on 9th October, 1991 at which the following
Industrial Relations Officer's proposals were accepted by the
parties:-
Both sides agree to recommend acceptance of the following
proposals:
(1) The Company will respond to the Union's claim for 5%
for perfect binding machine operation at local level
subject to the offsetting of costs which will be detailed
at local level.
(2) Failing agreement within 3 weeks the sides will
reconvene at conciliation. If no agreement is reached the
matter will be referred to a full hearing.
At local level discussions the Company brought forward two sets
of proposals. One document to deal with the claim for perfect
binding machine operation (see Appendix 1), and another document
to deal with an overall rate on a self funding basis (see
Appendix 2). The proposals in Appendix 2 were rejected by a
ballot of the workers in December, 1991. A further conciliation
conference which was held on 8th January, 1992 failed to resolve
the Union's claim quantified as 5% for perfect binding machine
operation with a retrospection element of #4,000. The matter
was referred to the Labour Court on 7th April, 1992 in
accordance with Section 26(1) of the Industrial Relations Act,
1990. The Court investigated the dispute on 28th April, 1992.
UNION'S ARGUMENTS:
3. 1. The machine in dispute has been crewed for
approximately 4 years for no extra payment. With an
increase of 400% in productivity the amount of material and
finished product handled by the workers crewing the machine
has increased significantly In the context of this
phenomenal increase in productivity the Union's claim must
be regarded as extremely reasonable.
2. The Company's proposals as at Appendix 1 for a 5% rate
contains a number of elements which are unacceptable. In
relation to crewing levels a general principle of 4 feeder
stations up to 2000 books per hour, 3 feeder stations up to
5,000 books per hour applies. Crewing levels are dependent
on the machine speed and the Company refuses to recognise
that on occasions their proposals on crewing levels would
simply not be appropriate.
3. The Company's proposes that the 5% rate will only be
paid to the personnel who operate the machine on the day.
The Union's claim is in line with any machine rates in
place in the industry i.e. 2 hours operation = a day's pay,
more than 2 days operation = a week's pay.
4. In relation to quality control procedures the Company
proposal would require workers not involved in the claim to
change work practices. This is totally unreasonable.
COMPANY'S ARGUMENTS:
4. 1. The Unions claim is based on alleged cost savings
derived from productivity relating to the introduction and
use of the perfect binding machine. The Company made the
investment in a perfect binder in order to remain
competitive and stay in business. The Union's claim can
only be addressed on self-funding basis. Any increases
which are not self-funding will seriously damage the
Company's competitiveness.
2. Following acceptance of the Industrial Relations
Officer's proposal the Company produced proposals in
response to the Union's claim. Following local discussions
the Company's position is that it can only respond to the
claim on the basis of the proposals at Appendix 2. These
proposals which provide for the payment of 5% with a
retrospective element of #3,500 are reasonable in the
circumstances.
RECOMMENDATION:
Following consideration of the submissions made the Court
recommends:-
1. That the Union's claim for increased payment of 5% for the
Perfect Binder be conceded on a basis of one person to four
feeder stations except where this is impracticable.
2. That payment be made on the following basis:-
2 hours - 1 days pay
2 days - 1 weeks pay
3. That the retrospection (total) of #4,000 be paid to those
who operated the machine since 1988.
~
Signed on behalf of the Labour Court
12th May, 1992 Evelyn Owens
A.S./N.Ni.M. -----------------
Deputy Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr. Alfie Smith, Court Secretary.
Appendix 1
IN HOUSE BINDERY PRODUCTIVITY PROPOSALS
WITH ORMOND PRINTING COMPANY
ON A SELF FUNDING BASIS
______________________________________________
A MAXIMUM rate of 5% to be paid on existing stab rates as an in
house machine extra to be self funded on the following basis:
(a) The crewing of the Perfect Binder will be on a 1 person to
4 feeder stations.
(b) SIPTU females will give full recognition and active support
to current and evolving Q C procedures, e.g. signing of
boxes after packing by all SIPTU female staff.
(c) In the absence of female SIPTU members - SIPTU males may
perform replacement duties on a short term basis without
prejudice to existing arrangements.
(d) The 5% will only be paid to the personnel who operate the
machine on the day, i.e. 1/5th of 5% for 1 days operation
Appendix 2
IN HOUSE BINDERY PRODUCTIVITY PROPOSALS
WITH ORMOND PRINTING COMPANY
ON A SELF FUNDING BASIS
____________________________________________
1. SIPTU Females currently on folding machines to be
re-deployed into the Bindery Dept.
2. Maximum rate of 5% on existing Stab Rate (i.e. 5% of
#161.18 = #8.06 for Journeywomen and pro rata for
apprentices) to be paid to all SIPTU female Bindery
personnel (except folding operators) on the following
basis:
(a) The aspiration to crewing of the Perfect Binder
machine on a one person per four station basis will be
attempted where deemed reasonably practicable.
(b) Full recognition and adherence to current and evolving
Q C procedures to be adopted by all SIPTU female
members by entering into the spirit of the Quality
Programme e.g. signing boxes, cover sorting, forms
etc. The objective being to fulfil customers
requirements and improve traceability. It is not
intended that this facility should be used as a form
of indirect disciplinary action.
(c) Without prejudice to our existing arrangements it is
agreed that in the event of SIPTU females not being
available - SIPTU males may perform replacement duties
on a short term basis, i.e. not to exceed 20 hours in
any one week. This facility is intended purely as an
emergency facility.
3. The Company and the IWW branch of SIPTU will not enter into
a local bargaining clause of the PESP on an individual
branch basis.
In the event of an industry wide settlement being agreed
under the same clause, then Ormond Printing Company, as a
member of the IPF, will follow the negotiated settlement
with the IPF or with the DPTGU if such a claim is
progressed locally on a union group basis.
4. No further cost increasing claims (inclusive of new
technology) to be made on Ormond Printing Company for a
minimum period of 3 years from date of agreement. At the
end of the 3 years any new technology introduced from the
date of the agreement be subject to review.
5. In the event of the company achieving its aspiration for
the revised crewing arrangements on the folding machines,
it is agreed that the new crewing arrangements will be
operated on a panel basis of 5(five) SIPTU males and 1(one)
SIPTU female (IWWB) operator in conjunction with a trained
back up SIPTU female (IWWB) operator who will carry the
appropriate rate.
The company recognises the Unions aspiration of increased
female representation in the revised crewing arrangements
and will endeavour to meet this aspiration where
practicable on the basis of suitable candidates being
available whilst retaining a commitment to maintain the
newly introduced female operators as a minimum presence.
6. On the agreed adoption of these proposals, the payment of
5% on Stab Rates, will only be applicable to SIPTU Bindery
personnel with a minimum of three months continuous service
for experience Journeywomen and 6 months for apprentices.
7. Formalising of shift work rotas on Folding machines on a 6
- 2 and 2 - 10 basis will result in payment for the
increased working hours. In the event of the possibility
of the Bindery Dept. progressing to a full departmental
double shift requirement the company undertakes to discuss
the matter with the Union prior to implementation.
8. An agreed retrospective payment of #3,500 net to be
available for appropriation to female Bindery staff only on
a basis to be agreed between the SIPTU (IWWB) Branch
official and the Management of The Ormond Printing Company
Limited.
DATE 11 December, 1991