Labour Court Database __________________________________________________________________________________ File Number: CD93431 Case Number: LCR14284 Section / Act: S20(1) Parties: COLEMANS PRINTERS LIMITED - and - GRAPHICAL, PAPER AND MEDIA UNION |
Rate of pay of a guillotine operator.
Recommendation:
There are recognised rates of pay applicable to guillotine
operators in the printing industry and these should be applied in
normal circumstances.
However, the Court, having considered all of the views expressed
by the parties, and the circumstances of this case, considers that
a rate of pay of #180 per week should be applied, with effect from
the first of January, 1993, the issue to be reviewed after a
12-month period from the date of this Recommendation.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD93431 RECOMMENDATION NO. LCR14284
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: COLEMANS PRINTERS LIMITED
AND
GRAPHICAL, PAPER AND MEDIA UNION
SUBJECT:
1. Rate of pay of a guillotine operator.
BACKGROUND:
2. The dispute concerns a claim, lodged on the 9th of February,
1993, on behalf of a guillotine operator, for the application of
the Cork Print industry rate of pay. The worker, who is
physically disabled, is currently in receipt of #140 per week
gross. The Cork-area rate amounts to #215.52 p.w. (basic of
#194.30 and #21.22 local productivity extra). The Company has
rejected the claim. The Union referred the dispute to the Labour
Relations Commission on the 31st of March, 1993, but the Company
was unwilling to attend a conciliation conference. The dispute
was referred to the Labour Court on the 20th of July, 1993, in
accordance with Section 20(1) of the Industrial Relations Act,
1969. The Court investigated the dispute, in Cork, on 27th of
October, 1993, the earliest date convenient to both parties.
UNION'S ARGUMENTS:
3. 1. The worker's present pay amounts to only 65% of the rate
appropriate to his category of worker.
2. The Company has employed the worker as a guillotine
operator since 1978. He has proved himself to be
eminently capable of discharging the responsibilities of
the job, and as capably as previous incumbents of the
position.
3. During his period with the Company, there have been no
complaints concerning the quality of the worker's
performance.
4. The worker's disability does not reduce his
effectiveness in carrying out the entire range of duties
required of him.
COMPANY'S ARGUMENTS:
4. 1. While not finding fault with the worker's skill-level,
he does not have sufficient strength to carry out
certain duties efficiently, such as the cutting/lifting
of heavy carton-board. Another employee can handle many
more sheets of carton-board at a time than the worker.
A two-hour job would take the worker 5 or 6 hours to
complete.
2. Due to the worker's inefficiency at performing certain
duties, it is necessary for the Company to allocate a
worker from a different section, to assist him.
3. In order to finalise the matter, the Company is prepared
to offer the worker a rate of #167.37 per week. (This
is the rate for a machine-operator in the Company's
packaging section).
RECOMMENDATION:
There are recognised rates of pay applicable to guillotine
operators in the printing industry and these should be applied in
normal circumstances.
However, the Court, having considered all of the views expressed
by the parties, and the circumstances of this case, considers that
a rate of pay of #180 per week should be applied, with effect from
the first of January, 1993, the issue to be reviewed after a
12-month period from the date of this Recommendation.
The Court so recommends.
~
Signed on behalf of the Labour Court
7th December, 1993 Tom McGrath
M.K./A.L. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should by addressed to
Mr. Michael Keegan, Court Secretary.