Labour Court Database __________________________________________________________________________________ File Number: CD9670 Case Number: AD9632 Section / Act: S13(9) Parties: THE IRISH GLASS BOTTLE COMPANY LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against Rights Commissioner's Recommendation No. CW 227/95.
Recommendation:
Having considered all the information before it the Court upholds
the Rights Commissioner's Recommendation and rejects the Union's
appeal.
The Court so decides.
Division: Mr Flood Mr Pierce Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9670 APPEAL DECISION NO. AD3296
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
THE IRISH GLASS BOTTLE COMPANY LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation No. CW 227/95.
BACKGROUND:
2. By custom and practice the plant has closed down for two
weeks in August of each year for the past twelve years. In
1995 the Company received a limited order which had to be
prepared during the holiday period. A limited number of
process workers were employed on a pro-rata basis to man four
machines to procure the order. The Union maintained that the
Company/Union agreement provided for the full compliment of
workers and that Management, by employing workers on a
pro-rata basis, had contravened the Agreement. The Company
rejected the claim. The dispute was referred to a Rights
Commissioner for investigation and recommendation. On the
8th January 1996 the Rights Commissioner issued his
recommendation as follows:
"I recommend that the Union accepts the Company's
interpretation of the Agreement".
On the 15th February 1996, the Union appealed the
recommendation to the Labour Court. The Court heard the
appeal on the 2nd April 1996.
UNION'S ARGUMENTS:
3. 1. The Company, in order to cover a contingency order,
tried to apply clauses of the Agreement to cover a
situation never mentioned in negotiations on the
agreement which took place in 1992. It only provided
for the working of less than eight machines and for a
pro-rata number of workers in cases of a downturn in
business, loss of customers and no orders for product.
2. The Union concedes that the pro rata clause applies to
the hot end and cold end areas of the plant. However,
the full complement of process workers must be employed
in fulfilling future orders during the holiday time.
3. The Company cannot extend the agreement, without
negotiation, to cover a situation not provided for in
the 1992 agreement.
COMPANY'S ARGUMENTS:
4. 1. The Company/Union agreement (page 4) states
"In situations where we are working with less than
8 machines numbers will be employed on a pro. rata
basis".
The pro-rata statement applies to the circumstances
which arose in 1995. In a situation where fifty per
cent of production is not operating for a period of time
the number of workers employed should match the
requirement.
2. Circumstances where the plant operates with less than 8
machines can arise in a number of different ways e.g.
where there is a cut back in production due to lack of
demand, or where it is necessary to operate some but not
all machines during a period of normal closure, or due
to an increase in demand as occurred in August 1995.
3. It is essential that the Company operate the pro rata
agreement in order to meet customer demand while
controlling costs. The costs and operational
consequences of not being able to apply the pro rata
principle to any group during this closure are very
significant in terms of the Company's ability to meet
customer requirements.
DECISION:
Having considered all the information before it the Court upholds
the Rights Commissioner's Recommendation and rejects the Union's
appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
17th April, 1996 Finbarr Flood
T.O'D./S.G. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.