Labour Court Database __________________________________________________________________________________ File Number: CD93572 Case Number: LCR14306 Section / Act: S26(1) Parties: AVONMORE CREAMERIES - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the filling of a vacancy.
Recommendation:
Having considered the submissions from the parties, the Court is
of the view that the balance of evidence supports the Company's
contention that the vacancy that exists is a Grade 4 post.
The Court therefore recommends that the Union accept that the
vacancy be filled at that level.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD93572 RECOMMENDATION NO. LCR14306
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
AVONMORE CREAMERIES
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the filling of a vacancy.
BACKGROUND:
2. 1. The Company is involved in the dairy industry and is
based in Ballyragget, Co. Kilkenny. The claim comes from the
milk products division which employs, in two plants, 350
permanent, and 75 seasonal workers. The Ballyragget plant,
where the claim arises, employs 250 permanent and 70 seasonal
workers. Seasonal staff are employed to meet the additional
work requirements pertaining to the volume of milk into the
business and their working season is typically March to
October each year.
2. In 1990 the Company up-graded three newly created Grade
3 jobs to Grade 4 in return for the Union's agreement on the
redeployment of other staff. The positions, as cleaners in
the whey area, were filled by interview with seasonal workers
only. There is a job presently vacant which is one of the
three covered by the 1990 Agreement.
3. Under Clause 17 of the Company/Union Agreement,
permanent vacancies at Grade 3 level should be filled by the
most senior casual worker. Vacancies at Grade 4 can be
filled by competition from among the casual workers and the
permanent Grade 3 workers. The Company advertised the
position of cleaner in the whey area as a Grade 4 vacancy
early in 1992. As agreement could not be reached on the
manner of filling the job, the advertisement was withdrawn
and the job was not filled.
4. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on 10th
October, 1993. The Company rejected the Union's contention
that the job should be given to the most senior casual
worker. It argued that because of ongoing rationalisation,
the filling of the job at the present time did not make
sense. The Union argued that it had an agreement on the
filling of the position and that reorganisation in the future
was a totally separate issue.
5. The dispute was referred to the Labour Court on 11th
October, 1993, under Section 26(1) of the Industrial
Relations Act, 1990. A Labour Court investigation took place
on 2nd December,1993 in Kilkenny.
UNION'S ARGUMENTS:
3. 1. The Union has a specific Agreement on the filling of the
four cleaner positions in the whey area (details supplied).
This Agreement obliges the Company to fill the positions at
Grade 4 in 1990 but that subsequently the jobs would revert
to Grade 3 thus allowing the filling by seniority from the
casual list.
2. The seasonal workers have long and loyal service with
the Company. This must be recognised and the workers'
legitimate aspirations to a permanent job must be fulfilled.
The cost to the Company of implementing the Agreement is
negligible in monetary terms.
3. The Company has argued that the post should not be
filled because of its future rationalisation plans. Should
the Company have a claim to make regarding job numbers in
another area, it must present the plan in accordance with
present Agreements (details supplied). The Company cannot
pre-empt the outcome of future negotiations.
COMPANY'S ARGUMENTS:
4. 1. The cleaner's position has a Grade 4 status which
reflects the importance of the position within the
Company. Plant Cleaning has become an increasingly important
part of the Company's operations and it must retain the right
to select the most suitable person.
2. The position is important within the Company and this is
reflected in the grading. The initial recruits came from the
list of seasonal workers. The recruitment was by interview
and this was agreed by the Union. Prior to the present
vacancy, one of the original appointees has moved onto
another position within the Company and his vacancy was
filled at Grade 4 on the basis of suitability.
3. There will be surplus permanent staff available in the
near future (details supplied). In an attempt to retain
jobs, the ideal solution to this issue is for the Company to
redeploy an existing permanent worker to the plant cleaner
job.
RECOMMENDATION:
Having considered the submissions from the parties, the Court is
of the view that the balance of evidence supports the Company's
contention that the vacancy that exists is a Grade 4 post.
The Court therefore recommends that the Union accept that the
vacancy be filled at that level.
~
Signed on behalf of the Labour Court
20th December, 1993 Evelyn Owens
J.F./M.M.
Deputy Chairman
Note
Enquiries concerning this Recommendation should by addressed to
Mr. Jerome Forde, Court Secretary.