Labour Court Database __________________________________________________________________________________ File Number: CD95226 Case Number: LCR14727 Section / Act: S26(1) Parties: SHANNONSIDE CO-OP LIMITED (IBEC) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Organisational changes within the Company.
Recommendation:
The Court is seriously disturbed given the present circumstances
in the Co-op of the lack of progress made by the parties in their
discussions following the issue of LCR14714.
It is quite clear to the Court that the need to effect change in
the operation of the Co-op is dictated by the level of competition
which exists within the industry.
If the Co-op is to be competitive, efficient and capable of
securing the employment of its work force it is imperative that
changes necessary are effected by the parties working in harmony
with one another.
With the above objectives in view the Court requests the parties
to accept the following recommendations for implementing necessary
change.
1. Redundancy.
That the redundancy terms be 5 weeks per year of service plus
the statutory entitlements.
2. Compensation.
That employees redeployed retain their basic rate of pay on a
red-circled basis and that they retain their shift pay where
this applies for a period of two years.
3. Pay Structure.
At the end of this period (2 years) the Co-op and the Union
should review the wage structure.
4. Selectivity.
Given the assurances by the Co-op that skill retention will
only apply in very limited circumstances and that a clear
case will be made where a skilled need is required it is
recommended the proposals for selectivity be accepted. In
the context of this restructuring package should a dispute
arise regarding selectivity the Court will adjudicate on such
dispute and make a finding.
5. Grievance/Disciplinary Procedure.
The Court urges the parties to agree on a Grievance/
Disciplinary procedure as quickly as possible.
6. Flexibility/Interchangeability.
The Court considers the publishing of lists nominating
employees to specific jobs would be of no advantage and may
be inadvisable. The Court recommends that the Company
proposals re manning/flexibility/interchangeability be
accepted by the work force and implemented in a fair and
reasonable manner. The parties should monitor the new
arrangements following implementation and address any
problems which may arise through the normal procedures.
In general the use of Supervisors/Managers to assist should
not be required. They should only be used in exceptional
circumstances.
7. Milk Intake/Laboratory.
The Court finds these areas are part of the restructuring.
Division: Mr McGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95226 RECOMMENDATION NO. LCR14727
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
SHANNONSIDE CO-OP LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Organisational changes within the Company.
BACKGROUND:
2. The Court investigated the dispute on 6th April, 1995. The
following is the Court's Recommendation.
RECOMMENDATION:
The Court is seriously disturbed given the present circumstances
in the Co-op of the lack of progress made by the parties in their
discussions following the issue of LCR14714.
It is quite clear to the Court that the need to effect change in
the operation of the Co-op is dictated by the level of competition
which exists within the industry.
If the Co-op is to be competitive, efficient and capable of
securing the employment of its work force it is imperative that
changes necessary are effected by the parties working in harmony
with one another.
With the above objectives in view the Court requests the parties
to accept the following recommendations for implementing necessary
change.
1. Redundancy.
That the redundancy terms be 5 weeks per year of service plus
the statutory entitlements.
2. Compensation.
That employees redeployed retain their basic rate of pay on a
red-circled basis and that they retain their shift pay where
this applies for a period of two years.
3. Pay Structure.
At the end of this period (2 years) the Co-op and the Union
should review the wage structure.
4. Selectivity.
Given the assurances by the Co-op that skill retention will
only apply in very limited circumstances and that a clear
case will be made where a skilled need is required it is
recommended the proposals for selectivity be accepted. In
the context of this restructuring package should a dispute
arise regarding selectivity the Court will adjudicate on such
dispute and make a finding.
5. Grievance/Disciplinary Procedure.
The Court urges the parties to agree on a Grievance/
Disciplinary procedure as quickly as possible.
6. Flexibility/Interchangeability.
The Court considers the publishing of lists nominating
employees to specific jobs would be of no advantage and may
be inadvisable. The Court recommends that the Company
proposals re manning/flexibility/interchangeability be
accepted by the work force and implemented in a fair and
reasonable manner. The parties should monitor the new
arrangements following implementation and address any
problems which may arise through the normal procedures.
In general the use of Supervisors/Managers to assist should
not be required. They should only be used in exceptional
circumstances.
7. Milk Intake/Laboratory.
The Court finds these areas are part of the restructuring.
~
Signed on behalf of the Labour Court
10th April, 1995 Tom McGrath
L.W./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Larry Wisely, Court Secretary.