Labour Court Database __________________________________________________________________________________ File Number: CD94283 Case Number: LCR14602 Section / Act: S26(1) Parties: WILKES CERDAC LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the Company's proposal to reduce lump sum overtime payments.
Recommendation:
The Court having considered all of the views expressed by the
parties in their oral and written submissions recommends that the
present arrangement apply until March 1995 when the Company will
pay to the workers concerned #132 x 3 and thereafter #66 per
quarter.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD94283 RECOMMENDATION NO. LCR14602
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
WILKES CERDAC LIMITED
(REPRESENTED BY THE IRISH PRINT FEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the Company's proposal to reduce lump sum
overtime payments.
BACKGROUND:
2. 1. The Company employs 47 workers and is engaged in
continuous business form manufacture. The dispute
concerns a payment of #132.00 which is made to 10
workers for additional hours worked at the time of the
quarterly stock check. The Company maintains that
because of computerisation and the carrying of less
stock the check required only 3 workers. It is seeking
to buyout the payment or continue it at a substantially
reduced figure. The Union claims that the existing rate
should be maintained in respect of the workers
concerned.
2. The dispute was referred to the Labour Relations
Commission and a conciliation conference was held on the
10th May, 1994. As no agreement was reached the dispute
was referred to the Labour Court by the Labour Relations
Commission on the 13th May, 1994. The Court
investigated the dispute on the 21st October, 1994 (the
earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. Payment for the quarterly stock check has been made to
the workers concerned for many years. It has been a
guaranteed payment similar to all other bonuses. It is
an integral part of the wages of the workers concerned.
2. The Company, on numerous occasions, has used this
payment as an excuse to refuse the workers concerned
increases which were given to IPU members for operating
new machines.
3. While the workload has eased recently, it is temporary.
The workload in the factory has increased and this will
add to the quarterly stock check.
COMPANY'S ARGUMENTS:
4. 1. Because of increased technology, the level of stock
carried, and the practice of JIT (Just In Time stock
check), the need has been removed for a quarterly stock
check involving 10 workers.
2. The Company has experienced a substantial downturn in
business which has resulted in 6 redundancies and forced
the Company to place 12 workers on rotation.
3. The Company offered at conciliation to pay the 10
workers concerned #132 in two payments, once off, and
thereafter #66 per quarter. This offer is reasonable
considering the amount of work currently required of the
claimants by way of stock check.
RECOMMENDATION:
The Court having considered all of the views expressed by the
parties in their oral and written submissions recommends that the
present arrangement apply until March 1995 when the Company will
pay to the workers concerned #132 x 3 and thereafter #66 per
quarter.
~
Signed on behalf of the Labour Court
14th November, 1994 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.