Labour Court Database __________________________________________________________________________________ File Number: CD93688 Case Number: LCR14365 Section / Act: S26(1) Parties: ARCHER DANIEL MIDLAND, RINGASKIDDY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for increase in basic pay.
Recommendation:
The Court, having considered all of the views of the parties as
expressed in their oral and written submissions, recommends that
the employees concerned be placed on the 2nd point of the
fermentation foreman's pay scale, with effect from the 1st of
August, 1993.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93688 RECOMMENDATION NO. LCR14365
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ARCHER DANIEL MIDLAND, RINGASKIDDY
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for increase in basic pay.
BACKGROUND:
2. The claim is on behalf of 4 leading operators employed in the
Company's powerhouse. Following a rationalisation programme
in 1991/1992, the position of shift-engineer was eliminated
and the shift-engineers' duties were assumed by the Leading
Operators. Arising from this increase in responsibility, the
Union sought a rate of pay for the leading operators,
commensurate with their new duties. The Company offered to
pay the operators point 1 of the fermentation foreman's scale
with no provision for movement up the scale. The Company's
offer was unacceptable to the Union. The dispute was
referred to the Labour Relations Commission and a
conciliation conference took place on the 10th of March,
1993, at which agreement was not reached. The dispute was
referred to the Labour Court, on the 14th of December, 1993,
in accordance with Section 26(1) of the Industrial Relations
Act, 1990. The Court investigated the dispute, in Cork, on
the 10th of February, 1994.
UNION'S ARGUMENTS:
3. 1. The Company is not prepared to pay the leading operators
a reasonable rate of pay although the full burden of the
shift-engineers' duties and responsibilities has been
transferred to the operatives (details supplied to the
Court).
2. The leading operatives have performed their new duties
with distinction for 18 months and, therefore, the Company's
offer of the fermentation foreman's entry rate is
unreasonable.
3. Although the leading operatives have access by telephone
to an engineer, should an emergency arise, decisions would
have to be made immediately by the operatives without waiting
for the engineers' advice.
COMPANY'S ARGUMENTS:
4. 1. The responsibilities of the fermentation foreman
(details supplied to the Court) are more extensive, complex
and demanding than those of the leading operators. The
foreman has more personnel under his supervision and has a
greater geographical area under his control. He also has a
greater number of dynamic processes to manage, which involves
making technical and operational decisions continually
through his shift.
2. The leading operator has direct access to an engineer by
mobile phone at all times outside normal daywork hours.
3. Any increase on the Company's final offer would have
serious implications for the Company's pay-structures and
would almost certainly give rise to knock-on claims from
other groups of staff.
RECOMMENDATION:
The Court, having considered all of the views of the parties as
expressed in their oral and written submissions, recommends that
the employees concerned be placed on the 2nd point of the
fermentation foreman's pay scale, with effect from the 1st of
August, 1993.
~
Signed on behalf of the Labour Court
21st March, 1994. Tom McGrath
M.K./A.L. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.