Labour Court Database __________________________________________________________________________________ File Number: CD95601 Case Number: AD964 Section / Act: S13(9) Parties: IRISH BISCUITS LIMITED - and - AMALGAMATED ENGINEERING AND ELECTRICAL UNION |
Appeal against Rights Commissioner's Recommendation No. DC93/95.
Recommendation:
The Court, having considered the submissions made by the parties,
is of the view that the January 1994 Restructuring Plan, which was
accepted, included an agreement to cover night working by use of a
call out system.
In relation to the fears expressed by the Union that other Crafts
might be doing plumbers work on nights, the Company has agreed to
allow the Union to examine the relevant records to confirm that
there has been no such occurances.
The case made by the Union for the employment of an unemployed
plumber based on the unemployment situation is not an issue for
the Court but could be raised for discussion between the parties.
Thus, the Court does not uphold the appeal by the Union against
the Rights Commissioner's Recommendation.
Division: Mr Flood Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95601 APPEAL DECISION NO. AD496
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
IRISH BISCUITS LIMITED
AND
AMALGAMATED ENGINEERING AND ELECTRICAL UNION
SUBJECT:
Appeal against Rights Commissioner's Recommendation No.
DC93/95.
BACKGROUND:
The Company is involved in the manufacture and sale of
biscuit products under the Jacobs and Bolands brands. It
employs approximately 700 workers.
In May, 1995 the Company introduced night working on a
seasonal basis. It employed two temporary tradesmen to
service the operation (1 fitter, 1 electrician). The Union
claims that in such circumstances the employment of a
temporary plumber is justified. The Company rejects the
Union's claim.
Local level discussions took place but agreement could not be
reached and the matter was referred to a Rights Commissioner
for investigation and recommendation. The Rights
Commissioner's findings and recommendation are as follows:-
"I have carefully considered the submissions of both parties,
and in particular, the specific clause in the Agreement in
relation to a requirement for night working by plumbers and
am satisfied that the Company have not breached this
Agreement.
However, as a resolution of this dispute I recommend that the
following be included as an addendum to the clause in
question: "In the event of a plumber being required to be
called out for night working on production, the Company will
pay the employee in question, an additional amount of £30.00,
on each occasion".
I therefore exhort both parties to accept the foregoing
formula, as a settlement of this claim.".
The Rights Commissioner's Recommendation was appealed by the
Union to the Labour Court on 20th October, 1995 under Section
13(9) of the Industrial Relations Act, 1969. The Court heard
the appeal on 18th December, 1995.
UNION'S ARGUMENTS:
1. It was Company practice over a long period of time that
fitters, electricians and plumbers participated in night
shift duties.
2. The Union is concerned that plumbing work will be carried out
by fitters on the night shift.
3. The Company's refusal to appoint a temporary plumber for
night shift duties could put demarcation disputes back on the
agenda. It has taken much effort by both fitters and
plumbers to reduce and almost eliminate demarcation disputes.
4. The ovens used in the manufacture of biscuits are heated by
natural gas. There are strict guidelines laid down in
relation to gas appliances and the only people qualified to
carry out repairs on such appliances are plumbers. Repairs
may initially require emergency measures. Delay could be
dangerous and costly in terms of damage to plant and to
equipment.
COMPANY'S ARGUMENTS:
1. It was accepted in the Restructuring Plan of January, 1994
that a plumber would not be required on nights.
2. There was not one occasion when a plumbing service was
required during the seven months of night working.
3. The Company has attempted to negotiate an arrangement for
plumbers to allow for the possible higher incidence of
call-out when producing on nights as provided for in the
Restructuring Plan.
4. The matter has been thoroughly investigated by a Rights
Commissioner who heard all the arguments and recommended
accordingly. The Company asks the Court to uphold the Rights
Commissioner's recommendation.
DECISION:
The Court, having considered the submissions made by the parties,
is of the view that the January 1994 Restructuring Plan, which was
accepted, included an agreement to cover night working by use of a
call out system.
In relation to the fears expressed by the Union that other Crafts
might be doing plumbers work on nights, the Company has agreed to
allow the Union to examine the relevant records to confirm that
there has been no such occurances.
The case made by the Union for the employment of an unemployed
plumber based on the unemployment situation is not an issue for
the Court but could be raised for discussion between the parties.
Thus, the Court does not uphold the appeal by the Union against
the Rights Commissioner's Recommendation.
~
Signed on behalf of the Labour Court
25th January, 1996 Finbarr Flood
F.B./A.K. ---------------
Deputy Chairman