Labour Court Database __________________________________________________________________________________ File Number: CD95384 Case Number: AD9564 Section / Act: S13(9) Parties: UNION CAMP (IRELAND) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against rights Commissioner's Recommendation No. CW36/95.
Recommendation:
No information was supplied to the Court that would merit a change
in the Rights Commissioner's recommendation.
The Court therefore upholds the Rights Commissioner's
recommendation and rejects the appeal.
The Court so decides.
Division: Mr Flood Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95384 APPEAL DECISION NO. AD6495
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
UNION CAMP (IRELAND)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against rights Commissioner's
Recommendation No. CW36/95.
BACKGROUND:
2. The Company manufactures corrugated products and employs
approximately 200 workers. The Union represents four
operative grades within the plant as follows:-
Grade A - #242.00
Grade B+ - #224.75
Grade B - #220.38
Grade C - #212.42
The dispute concerns a worker who is employed as a clamp
truck driver. This is a grade B job. On the 15th September,
1994 the Union lodged a claim for upgrading to Grade A on
behalf of the worker. Management rejected the claim. The
dispute was referred to a Rights Commissioner for
investigation and recommendation. On the 18th May, 1995 the
Rights Commissioner issued his recommendation as follows:-
"I recommend that the union accepts that the clamp truck
driver is not entitled to Grade A rate of pay."
On the 28th June, 1995 the Union appealed the recommendation
to the Labour Court under Section 13(9) of the Industrial
Relations Act, 1969. The Court heard the appeal on the 18th
September, 1995.
UNION'S ARGUMENTS:
3. 1. The job of the worker concerned merits the Grade A rate
of pay. It has a high skills content and his duties and
responsibilities have increased significantly over the
years. The job of the worker is much more skilled and
demanding than those of regular forklift drivers who are
also on Grade B rate. The clamp truck driver also
stands-in on the double/backer single/facer which is a
Grade A post. Apart from the skill requirements of the
clamp truck driver job and the demands of the double
backer job, account must be taken of the added pressure
of combining the two posts.
2. The current grade was set many years ago and is based on
pre-production estimates of its content and scope. The
rate was established when there was only one shift (now
three shifts) and does not take account of the huge
increase in work volumes. Recent and continuing
increases in the speed of the corrugator are causing
heavier work-demands for the clamp truck driver.
COMPANY'S ARGUMENTS:
4. 1. The Company/Union Agreement in place since 1981,
provides for a three-grade structure based on job
responsibilities and on custom and practice in the
industry and at the Company's thirty sister plants. A
modification (B+) was added in 1990 following a Labour
Court investigation and recommendation. The agreement
provides for interchangeabliity/flexibility. In the
event of a worker being transferred to a lower grade
job, there is no loss in hourly pay. Where a worker is
transferred to a higher paid job the higher rate is paid
while he performs the higher rate job. No rate change
is paid unless the employee works 4 hours or more in
any one day on the upgraded job. This agreement is
fundamental as most machines are operated on a team
basis where overlap is required and essential for the
continuous operation of the plant.
2. There are six workers assigned to the corrugating
machine. Interchangeablity is standard between these
jobs. They are graded, based on primary responsibility
as follows:-
Single facer, Double backer, Slitter - Grade A
Starch, Downstacker, Clamp truck driver - Grade B
The Company's grading structure is based on the
responsibility of the primary job.
3. Concession of this claim would lead to repercussive
claims within the plant and increased costs.
DECISION:
No information was supplied to the Court that would merit a change
in the Rights Commissioner's recommendation.
The Court therefore upholds the Rights Commissioner's
recommendation and rejects the appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
25th September, 1995 Finbarr Flood
T.O'D./D.T. _______________
Deputy Chairman