Labour Court Database __________________________________________________________________________________ File Number: CD93578 Case Number: AD93102 Section / Act: S13(9) Parties: IRISH GLASS BOTTLE COMPANY LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against Rights Commissioner's Recommendation No. CW198/93 concerning checking of production figures.
Recommendation:
The Court, in the light of the submissions made by the parties,
considers there should have been discussion between the parties
before the checking duties were implemented.
The Court however does not consider there are grounds to warrant
amending the findings of the Rights Commissioner.
The Court therefore upholds the Rights Commissioner's
recommendation and rejects the appeal of the Union.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93578 APPEAL DECISION NO. AD10293
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: IRISH GLASS BOTTLE COMPANY LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation No. CW198/93 concerning checking of production
figures.
BACKGROUND:
2. 1. The two workers concerned are employed by the Company as
warehouse foremen. Prior to 1987, the foremen had
responsibility for the counting and recording of production
figures. In 1987, the new grade of fork-lift driver/checker
was created and the responsibility for counting the
production was transferred to the new grade.
2. In recent months the foremen have been instructed to
check the production figures. The foremen agreed to do the
checking under protest pending the processing of the dispute
through normal procedures. Local level discussions took
place but no agreement was reached and the matter was
referred to a Rights Commissioner for investigation and
recommendation. On 3rd September, 1993 the Rights
Commissioner recommended as follows :-
"I recommend that the foremen accept the duty of checking the
figures as required by the Company".
The Rights Commissioner's recommendation was appealed by the
Union to the Labour Court on 14th October, 1993. The Labour
Court heard the appeal on 4th November, 1993.
UNION'S ARGUMENTS:
3. 1. An agreement reached in 1987 reduced the number of
foremen to two with a corresponding increase in their duties.
The Company now wish to change the agreement.
2. The Company should comply with normal industrial
relations practice and negotiate the changes required with
the workers concerned.
COMPANY'S ARGUMENTS:
4. 1. The grade of fork-lift driver/checker was created to
assist the warehouse foremen. Prior to the creation of this
grade the foremen checked the production figures.
2. The checking of the production figures by the foremen is
necessary. It will allow for comparisons to be made between
the figures of the foreman and the checker and so avoid human
error.
DECISION:
The Court, in the light of the submissions made by the parties,
considers there should have been discussion between the parties
before the checking duties were implemented.
The Court however does not consider there are grounds to warrant
amending the findings of the Rights Commissioner.
The Court therefore upholds the Rights Commissioner's
recommendation and rejects the appeal of the Union.
~
Signed on behalf of the Labour Court
7th December, 1993 Tom McGrath
F.B./A.L. _______________
Deputy Chairman