Labour Court Database __________________________________________________________________________________ File Number: CD93622 Case Number: LCR14283 Section / Act: S26(1) Parties: YOUGHAL CARPET (YARNS) LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning 2 proposed redundancies in the clerical/administration department.
Recommendation:
6. Having considered the submissions and taking into account the
overall rationalisation required in the plant the Court finds no
option but to recommend that the Union accept the redundancies as
proposed.
The Court would urge the Company in the event of expansion in the
future to offer the two members of staff involved first refusal on
any clerical/administration post which may arise.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93622 RECOMMENDATION NO. LCR14283
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1990
SECTION 26(1)
PARTIES: YOUGHAL CARPET (YARNS) LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning 2 proposed redundancies in the
clerical/administration department.
BACKGROUND:
2. The Company employs 435 workers. It sustained significant
trading losses over a number of years and has implemented a
comprehensive restructuring programme which involves 109
redundancies in all departments. Management's proposals include
making 2 workers redundant in the administration/clerical
department. The Union rejected the proposal. The issue was
referred to the Labour Relations Commission and a conciliation
conference was held on the 20th October, 1993. As no agreement
could be reached the dispute was referred to the Labour Court on
the 8th November, 1993. A Court hearing was held on the 23rd
November, 1993.
UNION'S ARGUMENTS:
3. 1. The workers in the clerical/administrative department
have co-operated fully with management over the years by
agreeing to voluntary redundancies, short-time working,
lay-offs, re-organisation and additional work
responsibilities. Since 1979 staff numbers in the
clerical/administrative department have been reduced from 18
to 8. The further reductions now sought by the Company
represent a 25% decrease in staff numbers and will place an
impossible burden on the remaining workers.
2. The Company proposes to distribute some of the work of
the employees concerned to middle management staff. This is
not acceptable to the Union in a situation where compulsory
redundancies are sought.
3. The Union would like to see new workloads specifically
identified and a work study exercise undertaken to identify
the required staffing levels.
4. The redundancies could be avoided if the Company
accepted the Union's proposal on job sharing. If compulsory
redundancy is essential the last-in first-out principle should
apply.
COMPANY'S ARGUMENTS:
5. 1. Redundancies in all sections are essential in order to
eliminate losses and restore the Company to profitability.
On-going changes and flexibility in work practices are
essential under the Company's restructuring plan.
2. It is necessary to make the two workers concerned
redundant. One worker was employed in the Winding Department
and her work will in future be carried out by three
supervisors in that section as part of their normal duties.
The other position in the general office is being phased out
due to the overall reduction in the number of workers in the
plant.
3. The Company is not in a position to redeploy the workers
in other areas of the plant and cannot consider job-sharing as
an alternative to redundancies.
RECOMMENDATION:
6. Having considered the submissions and taking into account the
overall rationalisation required in the plant the Court finds no
option but to recommend that the Union accept the redundancies as
proposed.
The Court would urge the Company in the event of expansion in the
future to offer the two members of staff involved first refusal on
any clerical/administration post which may arise.
~
Signed on behalf of the Labour Court
7th December, 1993 Evelyn Owens
T O'D/U.S. ------------
Deputy Chairperson
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Tom O'Dea, Court Secretary.