Labour Court Database __________________________________________________________________________________ File Number: CD94192 Case Number: LCR14418 Section / Act: S26(1) Parties: TARA MINES LTD. - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Progress of evaluation of work in mill section.
Recommendation:
In all the circumstances of the case the Court is of the view that
the Union should co-operate with the Company and I.P.C. in
finalising the report on the work in the mill section which it
notes has an expected time scale of 6 weeks.
The Court so recommends.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94192 RECOMMENDATION NO. LCR14418
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
TARA MINES LTD.
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Progress of evaluation of work in mill section.
BACKGROUND:
2. The dispute before the Court has been on-going since 1989.
The workers concerned are employed by the Company as shift
operators in the mill section.
In February, 1992, following a conciliation conference at the
Labour Relations Commission both parties agreed to a third
party investigation on all changes already in place and
further proposed changes sought by the Company.
The first phase of this exercise in relation to assessing the
impact of technology already in place and the impact of
proposed further changes has been completed by the Irish
Productivity Centre (I.P.C.) and the second of two interim
reports was presented to the parties in September, 1993.
On receipt of the report the Company sought to complete the
second phase of the evaluation which will deal with work load
and manning levels. The Union wishes to enter into pay
negotiations based on the findings of the interim report.
The matter was referred to the Labour Relations Commission.
A conciliation conference took place in January, 1994 but no
agreement was reached. The dispute was referred to the
Labour Court on 25th March, 1994, under Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took
place on 25th March, 1994.
UNION'S ARGUMENTS:
3. 1. Technological changes have been a feature of the
processing operations at Tara Mines (mill section) since
1987, during which time the workers have co-operated
fully with management.
2. The findings of the I.P.C.'s evaluation has shown that a
12 point job differential has evolved since 1987.
3. The Company has made substantial profits in recent years
and in the circumstances should enter into negotiations
on revised rates of pay which would reflect the
increased skills and responsibilities of the workers
concerned.
4. The Union has sought through the industrial relations
negotiating process to reach a resolution based on the
findings of the report. The workers are not prepared to
broaden their job base further without agreement being
reached on the 12 point job differential.
COMPANY'S ARGUMENTS:
4. 1. The mill at Tara is overmanned. This has been
recognised by management since the mid-eighties. The
situation has been brought about by the impact of new
equipment.
2. The Company has made many attempts, without success, to
have the study concluded. The Union would not agree to
the finalising of the study.
3. One of the primary objectives of the report is to define
the extent and effects of the impact of new technology
(to date) on shift operator jobs. While this represents
the completion of an important interim phase of the
work, many major issues remain unresolved. For example,
in the preparation of job definitions, no attempt could
realistically be made to measure or establish
appropriate manning levels.
4. Further changes have been sought by management who are
obliged to pursue and achieve, with the co-operation of
the workforce, continuous improvement and enhanced
business competitiveness.
5. The joint consultative approach has already proven
itself capable of processing sensitive issues. This
approach will provide a sound framework for overseeing
an independent assessment of work organisation workloads
and manning arrangements in the mill.
6. When the independent assessments have been completed,
management will deal with the issues of productivity/
remuneration and reward within the conventional
industrial relations machinery.
RECOMMENDATION:
In all the circumstances of the case the Court is of the view that
the Union should co-operate with the Company and I.P.C. in
finalising the report on the work in the mill section which it
notes has an expected time scale of 6 weeks.
The Court so recommends.
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Signed on behalf of the Labour Court
28th April, 1994 Evelyn Owens
F.B./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.