Labour Court Database __________________________________________________________________________________ File Number: CD95322 Case Number: LCR14782 Section / Act: S26(5) Parties: PREMIER DAIRIES LIMITED (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - UNION OF MOTOR TRADE TECHNICAL AND INDUSTRIAL EMPLOYEES |
Re-location of garage.
Recommendation:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions together with the
reports of the conciliation conferences.
It is the view of the Court that it is imperative the proposed
investment be allowed to proceed as quickly as possible if the
viability of the Company is to be protected in the present
intensive competitive climate and the employment levels secured.
The Court notes that both parties would wish the investment to
proceed.
To enable the work to be carried out it is the view of the Court
that the garage needs to be relocated.
In this regard, the Court recognises that there is a lack of trust
between the parties which has mitigated against arrangements being
agreed to regarding the location of the garage and the workers.
With a view to overcoming the lack of trust, and giving employees
guarantees regarding security of their employment, the Court makes
the following recommendations:
(1) That option 8 as proposed by the Company be implemented
with the following amendments:-
(i) That it be accepted the garage employees are and
shall remain direct employees of the Company and
that this position will not change save through
discussions and agreement between the employees
concerned and the Union and the Company;
(ii) That they shall retain Rathfarnham as their base
and shall clock on and off at this location;
(iii) That they shall retain their craft status and
shall only be redeployed to other acceptable
craft jobs;
(iv) That they will be relocated as follows for the
period of the construction work:
(a) 1 forklift maintenance/running repairs
located at Rathfarnham site;
(b) 4 mechanics to the new location attending at
Rathfarnham as required;
(c) The posts referred to at (a) and (b) above
to be worked on a rotation basis. The
parties to draw up an agreed rota;
(d) 1 plant maintenance man located at
Rathfarnham site.
(v) On completion of the construction work, the
parties to review the situation and to arrange
for an independent survey to be carried out by an
architect agreed between the parties, with a view
to deciding if it is feasible to locate a garage
on site.
The report of the independent architect to be
made available to all parties concerned and to be
the subject of discussions between them with a
view to agreeing a definitive location for the
garage.
In the event of the parties being unable to
reach agreement relating to the discussions in
the above paragraph, any issue outstanding to be
resolved through the recognised industrial
relations machinery.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95322 RECOMMENDATION NO. LCR14782
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(5), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
PREMIER DAIRIES LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
UNION OF MOTOR TRADE TECHNICAL AND INDUSTRIAL EMPLOYEES
SUBJECT:
1. Re-location of garage.
BACKGROUND:
2. The dispute concerns the relocation of the Company's garage
operations from its Rathfarnham site to a new premises at
Kylemore road.
In 1994, the Company decided to concentrate all production
facilities in the Rathfarnham plant. This was as a result of
the increasing competition in the liquid milk market. The
decision was outlined to all staff in November, 1994,
including the 6 workers in Rathfarnham garage. The Company
maintained that the space where the garage is currently
located is essential to facilitate the building of a new
2,800 square metre chill store.
At meetings in November/December, 1994, the Union claimed
that the 6 workers would have to be retained on the
Rathfarnham site, albeit in a different location. The
Company proposed a number of options to the Union, including
option 8 which is as follows:-
Relocate Garage off Site whilst Retaining Staff as
Premier Employees
This option involved Premier leasing an existing garage
and in addition management expertise. Existing garage
staff would remain as direct Premier employees. Staff
would be redeployed as follows:
(a) 1 forklift maintenance/running repairs on site.
(b) 1 redeployment to Plant maintenance on site.
(c) 2 mechanics to new location attending at
Rathfarnham as required.
(d) 2 redeploy into other areas on site.
The option was rejected by the workers.
On 12th May, 1995, the Labour Relations Commission (L.R.C.)
invited both parties to a conciliation conference. No
agreement was reached. On 25th May, 1995, after consultation
with the L.R.C., the Labour Court invited both parties to
attend a Labour Court hearing under Section 26(5) of the
Industrial Relations Act, 1990. A hearing took place on 29th
May, 1995.
UNION'S ARGUMENTS:
3. 1. The Company has been trying to make the workers
redundant for a number of years. The workers are
prepared to move to another garage on site. They wish
to continue working with the Company but would feel
vulnerable if moved off site.
2. The 6 workers are all multi-skilled and have co-operated
with the Company. If they were redeployed they would be
involved in simple work which would involve a loss of
earnings. There has already been a total elimination of
overtime which has resulted in savings for the Company
equivalent to the cost of two workers.
COMPANY'S ARGUMENTS:
4. 1. There is no space in Rathfarnham to relocate the garage
on site.
2. The Company has put forward a number of proposals to the
workers (details supplied to the Court) all of which
have been rejected by the workers. There are no
redundancies proposed, only redeployment/relocation.
3. It is vital to the future of the Company that the
proposed building of the chill store goes ahead at the
Rathfarnham site.
RECOMMENDATION:
The Court has fully considered all of the views expressed by the
parties in their oral and written submissions together with the
reports of the conciliation conferences.
It is the view of the Court that it is imperative the proposed
investment be allowed to proceed as quickly as possible if the
viability of the Company is to be protected in the present
intensive competitive climate and the employment levels secured.
The Court notes that both parties would wish the investment to
proceed.
To enable the work to be carried out it is the view of the Court
that the garage needs to be relocated.
In this regard, the Court recognises that there is a lack of trust
between the parties which has mitigated against arrangements being
agreed to regarding the location of the garage and the workers.
With a view to overcoming the lack of trust, and giving employees
guarantees regarding security of their employment, the Court makes
the following recommendations:
(1) That option 8 as proposed by the Company be implemented
with the following amendments:-
(i) That it be accepted the garage employees are and
shall remain direct employees of the Company and
that this position will not change save through
discussions and agreement between the employees
concerned and the Union and the Company;
(ii) That they shall retain Rathfarnham as their base
and shall clock on and off at this location;
(iii) That they shall retain their craft status and
shall only be redeployed to other acceptable
craft jobs;
(iv) That they will be relocated as follows for the
period of the construction work:
(a) 1 forklift maintenance/running repairs
located at Rathfarnham site;
(b) 4 mechanics to the new location attending at
Rathfarnham as required;
(c) The posts referred to at (a) and (b) above
to be worked on a rotation basis. The
parties to draw up an agreed rota;
(d) 1 plant maintenance man located at
Rathfarnham site.
(v) On completion of the construction work, the
parties to review the situation and to arrange
for an independent survey to be carried out by an
architect agreed between the parties, with a view
to deciding if it is feasible to locate a garage
on site.
The report of the independent architect to be
made available to all parties concerned and to be
the subject of discussions between them with a
view to agreeing a definitive location for the
garage.
In the event of the parties being unable to
reach agreement relating to the discussions in
the above paragraph, any issue outstanding to be
resolved through the recognised industrial
relations machinery.
~
Signed on behalf of the Labour Court
7th July, 1995 Tom McGrath
C.O'N./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.