Labour Court Database __________________________________________________________________________________ File Number: CD9452 Case Number: LCR14431 Section / Act: S26(1) Parties: KERRY INGREDIENTS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the operation of a Procedural Agreement.
Recommendation:
Having considered the submissions from the parties the Court has
come to the conclusion that the Company's position is reasonable
in the circumstances and that the issue in dispute comes within
the terms of Clause 5 of the Agreement. The Court accordingly
recommends that the Union agree to comply with the Agreement.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9452 RECOMMENDATION NO. LCR14431
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
KERRY INGREDIENTS LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the operation of a Procedural Agreement.
BACKGROUND:
2. 1. The dispute concerns the Company's proposal to introduce
a Swipe Card Security and Safety System. This system
would provide an adequate and immediate method of
accounting for all employees on site in an emergency
situation. The Company claims that, under an Agreement
reached as part of the deal on payment of the 3% local
bargaining increase under P.E.S.P., it is entitled to
introduce such a system. In the event of a dispute the
change should take place (under protest if necessary)
and the issue processed in three stages under the
Agreement. The Union claims that the new security
system is outside the terms of the Agreement and is
seeking a pay increase on behalf of the workers for
co-operation with the system.
2. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on the
17th January, 1994. As no agreement was reached the
dispute was referred to the Labour Court on the 24th
January, 1994. The Court investigated the dispute in
Killarney on the 27th April, 1994.
UNION'S ARGUMENTS:
3. 1. The Agreement reached under the Clause 3 negotiations
refers only to aspects of the employees' working hours
while they are being paid by the Company. This Security
System relates to events outside working hours. The
workers concerned are being asked to use the system at
times when they are not being paid by the Company,
namely before and after starting/finishing work.
2. The system will be of major on-going benefit to the
Company in areas of time recording and other issues.
The Union is prepared to co-operate with the system if
the Company pays the workers a minimum increase of 1%.
COMPANY'S ARGUMENTS:
4. 1. The Company, under Clause 3 of P.E.S.P., paid the 3%
local bargaining increase to the workers concerned for
an Agreement which included an operational and
technological developments and change clause, and a
procedure for dealing with disputes arising under this
clause. (Clause 5 refers). The Company, in accordance
with this clause, discussed the proposed change with the
Union. The Union stated that change could not take
place unless compensation was paid. This is totally
contrary to the Agreement.
2. The introduction of the Security and Safety Swipe Card
System is not the issue in dispute as it has not been
processed through procedure. The grievance which the
Union has with its implementation should be resolved in
accordance with the Agreement which allows for the issue
to be dealt with in a procedural manner.
RECOMMENDATION:
Having considered the submissions from the parties the Court has
come to the conclusion that the Company's position is reasonable
in the circumstances and that the issue in dispute comes within
the terms of Clause 5 of the Agreement. The Court accordingly
recommends that the Union agree to comply with the Agreement.
~
Signed on behalf of the Labour Court
6th May, 1994 Evelyn Owens
T.O.D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.