Labour Court Database __________________________________________________________________________________ File Number: CD93533 Case Number: LCR14275 Section / Act: S26(1) Parties: IRISH COUNTRY MEATS LIMITED, ROOSKEY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Clause 3 - P.E.S.P.
Recommendation:
5. The Court having fully considered the views expressed by the
parties in their oral and written submissions recommends.
1. Credit Transfer Payment of Wages.
That the principle of moving to a system of credit
transfer for the payment of wages will be encouraged by
the union on the understanding that transfer to this
system of payment will be a voluntary basis.
2. Performance levels above 100.
That staff will co-operate in achieving maximum
throughput in all departments including achieving work
performances beyond 100 performance where this can be
achieved.
Where performance beyond 100 is achieved this should not
of itself lead to a re-assessment of standards which it
is generally accepted should only be reviewed in cases
where there are changes in methods, materials or
equipment or obvious errors in calculations or by
agreement between the parties.
3. 10 Minute Tea-Break.
That the Company proposals in respect of the 10 minute
Tea Break be accepted.
4. The 3% in accordance with Clause 3 of the P.E.S.P. be
implemented as proposed.
Division: MrMcGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD93533 RECOMMENDATION NO. LCR14275
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH COUNTRY MEATS LIMITED, ROOSKEY
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Clause 3 - P.E.S.P.
BACKGROUND:
2. Irish Country Meats Limited, Rooskey is a pig factory
employing approximately 450 employees. On 8th June, 1992 the
Union served a claim for a 3% increase on basic pay under Clause 3
of the P.E.S.P. At a meeting on 16th October, 1992 the Company
stated that in return for the 3% pay increase certain conditions
would have to be met.
(1) The abolition of the 10 minute tea break on Friday
afternoon.
(2) That the apparent ban on not exceeding 100% production by
employees would be lifted.
The claim was referred to the Labour Relations Commission and a
conciliation conference took place on 6th January, 1993. The
Company stated that because of the sterling crisis it would be
unable to make any offer regarding Clause 3.
A further conciliation conference took place on 13th May, 1993.
A set of proposals, including the following, recommended by both
sides emerged:
(1) The 10 minute afternoon tea break on Friday will be
eliminated from 1st July, 1993.
(2) As part of this agreement it is accepted that there will
be full co-operation in achieving maximum output in all
departments: this means that, where possible, work
beyond 100 performance will be achieved.
The workers rejected these proposals, the ten minute tea-break
being the main problem. The Union balloted its members who voted
in favour of referring the dispute to the Labour Court. The
dispute was referred to the Labour Court on 10th September, 1993
in accordance with Section 26(1) of the Industrial Relations Act,
1990. The Court investigated the dispute on 30th September, 1993.
UNION'S ARGUMENTS:
3. 1. The co-operation of the workforce with Company changes has
contributed to the Company's profits and growth. Wages within
the Company, even for a skilled worker, are considerably lower
than the average industrial wage.
2. The Union rejects the Company's contention that workers
have an apparent ban on anyone working over 100%.
3. The abolition of the 10 minute tea-break on Friday in
return for the 3% payment under Clause 3 is not acceptable as
it would be a reversal of the introduction of the 39 hour
week.
COMPANY'S ARGUMENTS:
4. 1. The dispute was referred to the Labour Relations
Commission because the workers would not agree to some of the
Company's conditions for the payment of the 3%, mainly the 10
minute tea-break.
2. At a meeting on 6th January, 1993 the Company advised that
because of the sterling crisis exports to the U.K., its main
source of exports, were down considerably and the Company was
in a loss-making position.
3. The Company's direct competitors have rejected the Clause
3 claim because they cannot afford it. The Company's own
competitive situation has worsened further during the year.
4. If the 3% claim is to be conceded the Company must have a
commitment from the Union on the following:
(1) Increasing production - no artificial blockages on
workers performing above 100%.
(2) The 10 minute tea break on Friday evenings is to be
eliminated.
(3) The move to credit transfer for the payment of wages
be put in place.
The Company will pay an increase of 1.5% on 1st January, 1994
if the Union accepts the conditions. It will only consider
any second phase on receipt of a commitment to the above
proposals. The Company will not consider any pay increase
retrospection.
RECOMMENDATION:
5. The Court having fully considered the views expressed by the
parties in their oral and written submissions recommends.
1. Credit Transfer Payment of Wages.
That the principle of moving to a system of credit
transfer for the payment of wages will be encouraged by
the union on the understanding that transfer to this
system of payment will be a voluntary basis.
2. Performance levels above 100.
That staff will co-operate in achieving maximum
throughput in all departments including achieving work
performances beyond 100 performance where this can be
achieved.
Where performance beyond 100 is achieved this should not
of itself lead to a re-assessment of standards which it
is generally accepted should only be reviewed in cases
where there are changes in methods, materials or
equipment or obvious errors in calculations or by
agreement between the parties.
3. 10 Minute Tea-Break.
That the Company proposals in respect of the 10 minute
Tea Break be accepted.
4. The 3% in accordance with Clause 3 of the P.E.S.P. be
implemented as proposed.
~
Signed on behalf of the Labour Court
3rd December, 1993 Tom McGrath
C O'N/J.C. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.