Labour Court Database __________________________________________________________________________________ File Number: CD95313 Case Number: LCR14898 Section / Act: S26(1) Parties: IRISH DISTILLERS LIMITED (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the allocation of work.
Recommendation:
The Court, given the description of the work that was put forward
by both parties, is satisfied that there are elements of the work
which are proper to both the coopers and the general operatives.
The Court notes that at conciliation a compromise was put forward
and that the Union suggested that other solutions to the issue
could be considered.
The Court also notes the commitment given by the Company to the
effect that employment of general operatives would not be reduced
as a result of the new process.
The Court further notes that the process is on trial and that it
will be some considerable time before a decision is made whether
it will continue or not. In the light of the above and given
there is currently a shortage of work for the coopers the Court
recommends that the present arrangements be allowed to continue
until such time as the new system is to be adopted permanently.
In the interim discussions should take place between all parties
concerned before any final determination is made regarding
manning.
In the event that an alternative manning is considered more
suitable by all parties it would not be contrary to the terms of
this recommendation to substitute it for the present arrangements.
The Court so recommends.
Division: Mr McGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD95313 RECOMMENDATION NO. LCR14898
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
IRISH DISTILLERS LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the allocation of work.
BACKGROUND:
2. The Company has introduced a new process for the maturation
of whiskey. The process involves a series of duties in the
warehouse which were not previously carried out. The new
process will involve a reduction in the Company's requirement
for purchasing barrels. The dispute arose because there is
no agreement between the parties as to which category of
worker performs the functions in the new work area. The
Company maintains that the work is appropriate to coopers.
The Union claims that the work is proper to its general
operative members in the warehouse. The dispute was referred
to the Labour Relations Commission and a conciliation
conference was held on the 18th May, 1995. Agreement was not
possible and the dispute was referred to the Labour Court on
the 23rd May, 1995. A Court hearing was held in Cork on the
17th August, 1995.
UNION'S ARGUMENTS:
3. 1. The work of coopers mainly consists of repairing
barrels. The work of general operatives in the
warehouse consists of filling, loading, unloading,
disgorging barrels and ancillary production work. The
work which the Company has offered to coopers is closest
in terms of required skills to the work of SIPTU
employees in the warehouse and directly replaces their
work.
2. The Union is extremely concerned that the process which
prolongs the life of barrels will lead to a reduction in
general operative work and earnings.
3. The Union has made a compromise proposal whereby one
general operative (SIPTU) and a cooper operate the
process. This is a fair and reasonable compromise.
COMPANY'S ARGUMENTS:
4. 1. The new process will extend the life of casks by the use
of wood chips derived from barrel wood. The system for
processing these chips is synonymous with the work of
coopers and was allocated to two coopers. They have
been performing the new operation for some months and
are positively suited to the work. There is adequate
manpower availability among coopers and using them is
the most cost-efficient way of doing the new tasks.
2. The Company has assured the Union that the work would
not diminish the requirement for existing general
operatives and poses no threat to their continued
employment.
RECOMMENDATION:
The Court, given the description of the work that was put forward
by both parties, is satisfied that there are elements of the work
which are proper to both the coopers and the general operatives.
The Court notes that at conciliation a compromise was put forward
and that the Union suggested that other solutions to the issue
could be considered.
The Court also notes the commitment given by the Company to the
effect that employment of general operatives would not be reduced
as a result of the new process.
The Court further notes that the process is on trial and that it
will be some considerable time before a decision is made whether
it will continue or not. In the light of the above and given
there is currently a shortage of work for the coopers the Court
recommends that the present arrangements be allowed to continue
until such time as the new system is to be adopted permanently.
In the interim discussions should take place between all parties
concerned before any final determination is made regarding
manning.
In the event that an alternative manning is considered more
suitable by all parties it would not be contrary to the terms of
this recommendation to substitute it for the present arrangements.
The Court so recommends.
~
Signed on behalf of the Labour Court
15th September, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.