Labour Court Database __________________________________________________________________________________ File Number: CD93215 Case Number: LCR14027 Section / Act: S26(1) Parties: LAPPLE LTD - and - LAPPLE LIMITED;THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;TECHNICAL ENGINEERING AND ELECTRICAL UNION;MANUFACTURING SCIENCE FINANCE |
Dispute concerning Clauses 8, 9, 10, and 37 of draft Company Union Agreement.
Recommendation:
The full Document is not available in the Add Field, but it is
available in the Database.
Division: Mr O'Connell Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD93215 RECOMMENDATION NO. LCR14027
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: LAPPLE LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
TECHNICAL ENGINEERING AND ELECTRICAL UNION
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Dispute concerning Clauses 8, 9, 10, and 37 of draft Company
Union Agreement.
BACKGROUND:
2. The Labour Court investigated the above dispute at its Offices
in Tom Johnson House, Haddington Road on 31st March 1st and 2nd
April, 1993.
*RECOMMENDATION:
3. Having considered the arguments made and taking account of the
very special circumstances which apply in the Company (in
particular the critical nature of its relations with its
customers) the Court recommends that Clauses 8, 9 and 10 of the
draft Company/Union Agreement should be amended to read as
follows:
Clause 8
(1) Subject to the safeguards set out in paragraph 4 hereunder it
is agreed that the individual employees or groups of
employees to whom this agreement relates will do any work
they are deemed capable of doing or operate any machine for
which they have been trained.
(2) Both parties agree that interchangeability and flexibility of
labour is fundamental to the continuing progress of the
company and the security of employment. It is a condition of
employment that management have the right to: -
- change the actual work of an employee as the need
arises.
- alter the number of employees working in any area in
line with production demands in that area.
- transfer employees from one area to another on temporary
or full time basis as necessary.
- introduce changes in work methods deemed to be in the
interest of the company.
- transfer from shift work to day work and vice versa when
production requirements demand.
The allocation, rotation and transferring of employees shall
be at the discretion of management subject to prior
discussion with the union representatives. When changing to
shift from day work or vice versa, every effort will be made
by management to give reasonable notice where a change is
necessary, and the employee will be paid for the pay week in
which the move takes place, not less than he/she would have
earned in his/her normal work, subject to prior consultation.
(3) Where multi-machine operations are feasible the company has
the right to decide on the number, variations and location of
these operations.
A differential of ... per hour will be paid to an employee
working two or more machines. If an operator works
multi-machine during any part of a day, he/she will be
entitled to the differential for the total of that day.
The company agrees to inform the union of any new
multi-machine proposals being introduced, but in the event of
any disagreements, the multi-machines will go ahead whilst
discussions are taking place.
(4) Whilst the Unions undertake to make the changes arising out
of the paragraphs (1), (2) and (3) of the above clauses the
implementation of all these clauses will be conditional on
the right of any employee or group of employees to make a
complaint on any grievance which they may have arising from
the practical application of the clause.
Where a grievance of this type arises the employees or
employee concerned shall in the first instance work as
directed under protest.
A monitoring committee (composition to be agreed locally)
will hear the grievance and issue a finding within 3 days.
If not satisfied with the outcome the employee or employees
concerned may appeal to the Labour Relations Commission.
Having regard to the critical state of the Company's affairs
and the absolute necessity to ensure full co-operation with
the changes arising the Labour Relations Commission will
undertake to hold a Conciliation Conference within 1 week of
a dispute being notified to them under this heading. This
special arrangement will remain in force for 1 year from date
of implementation of the Agreement.
The Labour Court in turn will give a similar undertaking to
hold a hearing and issue its Recommendation within 2 weeks of
having the issue referred to it by the Commission.
The Court recommends that the above comprehensive clause be
substituted for Clauses 8, 9 and 10 of the draft. However the
examples incorporated in the original draft should be attached as
an addendum to the agreement for the purpose of giving a clear
indication of the Company's intentions as to how the proposed
changes will operate.
Redundancy
On the question of redundancy the Court recommends that in the
first instance the Company should give an opportunity to workers
who may wish to go voluntarily to do so subject to the Company
right to ensure proper staffing.
Thereafter redundancy should be on a section by section basis the
sole criteria being the seniority of service of the individual
employee with the Company.
The Court recommends that a period of one week from the date of
issue of this Recommendation should be afforded to give an
opportunity for volunteers to apply.
In the light of discussions the Court has had with the Company the
Court further recommends that in that period the parties should
meet to ascertain if further reductions can be made in the total
number of compulsory redundancies.
In the context of the above recommended procedures the Court,
conscious of the Company's total dependence on borrowings to
attain its objectives, and at the same time of the hardship
imposed on those being let go, considers that the appropriate
amount to recommend is 3 weeks pay per year of service in addition
to statutory entitlement.
Where relevant, clauses in the Company Union/Agreement should be
amended to conform to the terms of this recommendation.
RECOMMENDATION:
The full Document is not available in the Add Field, but it is
available in the Database.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
2nd April, 1993. Deputy Chairman
M.D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Daughen, Court Secretary.