Labour Court Database __________________________________________________________________________________ File Number: CD94729 Case Number: LCR14672 Section / Act: S26(1) Parties: ROADSTONE PROVINCES LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning administration costs at the Company's Athlone plant.
Recommendation:
It is accepted by both sides that the working arrangements in the
administration area would have to be discussed in the event of a
reduction of one post. The major issue is the facility to enable
this reduction to be achieved without compulsory redundancy.
Having considered the submissions, written and oral, the Court
makes the following recommendation:
That the parties further explore possible options in relation
to a voluntary parting scheme to reduce the numbers;
In the interim of reaching agreement through the above
approach, the Court recommends that the two administrative
clerks rotate on a one-month on, one-month off roster.
Division: Mr Flood Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94729 RECOMMENDATION NO. LCR14672
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
ROADSTONE PROVINCES LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning administration costs at the Company's
Athlone plant.
BACKGROUND:
2. The Company's Athlone plant, which employs a total of 14
workers, has operated at a loss for a number of years. The
level of business continues to fluctuate with an underlying
downward trend. In early 1994, the Company identified a
number of areas in which change could be brought about with a
view to increasing viability (details supplied to the Court).
Progress was made in all areas, with the exception of the
clerical/administrative area. The Company is seeking the
redundancy of one of two full-time clerical employees. The
Union claims that there is more work available than the two
clerks can cater for in the normal 37.5 hour week. The
dispute was the subject of a conciliation conference under
the auspices of the Labour Relations Commission on the 19th
of December, 1994, at which agreement was not reached. The
dispute was referred to the Labour Court, on the 22nd of
December, 1994, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute on the 20th of January, 1995.
COMPANY'S ARGUMENTS:
3. 1. The situation in relation to the plant continues to
deteriorate. Competition is increasing, thereby placing
severe pressure on prices (details supplied to the
Court).
2. The present level of clerical/administrative costs
cannot be sustained. Competitors have clerical/
administrative costs which are considerably lower than
those at the Athlone plant.
3. In order for the Company to survive, each location must
be able to stand on its own merits and must be
competitive and cost-effective in every aspect of the
business.
4. There is not enough work for 2 full-time clerical
personnel. Sales have decreased by over 20%. The
weekly payroll has dropped from 22 to 14 employees.
Sales/wages comprise the bulk of clerical/administrative
work. The clerical staff cannot continue to be
isolated, or immune from the realities of the business,
or to be subsidised by the other workers on the
location.
UNION'S ARGUMENTS:
4. 1. There is more work in the administrative area than the
two staff can cater for in the course of a normal 37.5
hour week. A significant amount of compulsory overtime
is required. During lunch-break, both clerks have to
arrange for the transfer of telephone calls to the
canteen in order to cater for the volume of calls. When
there is a large concrete pour in progress or a large
tarmacadam contract, even the lunch-break may have to be
sacrificed. Throughout the year there is a full-time
job in the sales area. During busy periods the second
clerk is required to assist on sales and also to cater
for a large amount of administration work.
2. The junior of the two clerks, who has 17 years' service,
has a high profile locally, and his departure,
particularly if he transferred to a competitor, could
lead to the closure of the Athlone plant (because of his
high profile locally, he generates a considerable amount
of business for the plant).
RECOMMENDATION:
It is accepted by both sides that the working arrangements in the
administration area would have to be discussed in the event of a
reduction of one post. The major issue is the facility to enable
this reduction to be achieved without compulsory redundancy.
Having considered the submissions, written and oral, the Court
makes the following recommendation:
That the parties further explore possible options in relation
to a voluntary parting scheme to reduce the numbers;
In the interim of reaching agreement through the above
approach, the Court recommends that the two administrative
clerks rotate on a one-month on, one-month off roster.
~
Signed on behalf of the Labour Court
10th February, 1995 Finbarr Flood
M.K./M.M. --------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.