Labour Court Database __________________________________________________________________________________ File Number: CD95327 Case Number: LCR14785 Section / Act: S26(5) Parties: DELPHI PACKARD ELECTRIC LTD (IBEC) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Dispute concerning the lay-off of 400 workers and matters arising therefrom.
Recommendation:
1996
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD95327 RECOMMENDATION NO. LCR14785
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(5), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DELPHI PACKARD ELECTRIC LTD
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Dispute concerning the lay-off of 400 workers and matters
arising therefrom.
BACKGROUND:
2. Because of the crisis which developed in the Company
subsequent to the Company's proposal to lay-off 400 workers, the
Court invited the parties to an investigation under Section 26(5)
of the Industrial Relations Act, 1990. The investigation took
place against the background of a letter to all employees
informing them that failure to sign an agreement proposed by the
Company by 8.00 p.m. on 31st May, 1995 would have serious and
possibly fatal consequences for the survival of the plant.
RECOMMENDATION:
3. The Court was aware, from previous investigations, of the
background to the problems in the plant and the lead up to the
January, 1995 Agreement. The Court notes that the implementation
of that Agreement with its critical element of a 41-hour working
week has had a positive effect on the performance of the Company.
Within the context of the foregoing and having regard to the
submissions made at the Hearing the Court recommends as follows
that:-
1. The Unions agree to the 400 proposed lay-offs from 23rd
June, 1995.
2. The Unions agree to continue to work 41 hours per week
as per the January, 1995 Agreement.
3. Prior to 30th September, 1995, the Company and Unions
agree a job sharing scheme for the 800 (approx)
employees which will include the following-: 39 hours
paid and 2 hours banked work per week. This should be
implemented from 1st October, 1995. The intended
effect of this will be that in the period up 31st
December, 1995, all employees will have participated in
the lay-off to a greater or lesser extent. Should it
prove necessary this system would then continue into
1996.
4. Starting in January, 1996, the Management and Unions
discuss the position of the employees not employed on a
full-time basis. This should include the prospect of a
redundancy package being made available.
5. The principle of LIFO (Last In First Out) to be
retained except where the Unions agree to requests from
the Company for the retention of specific skills.
6. The Company agree to pay the 41 employees on "long
lay-off" the redundancy terms as set out in its
proposals of 28th May, 1995.
7. The Company should facilitate the Unions in holding an
immediate meeting, at a time when all workers can
attend and vote.
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Signed on behalf of the Labour Court
Evelyn Owens
30th May, 1995 -------------
J.F./U.S. Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR JEROME FORDE, COURT SECRETARY.