Labour Court Database __________________________________________________________________________________ File Number: CD95651 Case Number: LCR15063 Section / Act: S26(1) Parties: MARCHMONT PACKAGING LIMITED (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Method of sourcing of journeypersons.
Recommendation:
The Court very clearly understands the difficulties being
expressed by the Company in seeking to ensure delivery of their
product in good time to markets.
However, the Court does not consider, given the arrangements which
apply in the industry, that the use of contract labour is the
appropriate manner in which to achieve this objective and at the
same time maintain a positive industrial relations climate.
The Court notes that the Union has indicated it is in a position
to make available, from the list of unemployed, qualified
employees to fill the needs of the Company.
The Court notes there may at times be a need to be able to make
employees available at short notice.
The Court accordingly recommends that the Company fill their needs
through the Union's unemployment list, advertisement or enquiries
to employees. The Company and the Union, in discussion, should
immediately put in place a mechanism which will ensure that the
needs of the Company, both of short notice and of longer duration
are met, the mechanism to provide the means to be used if the
arrangements agreed fail to provide the required employees.
Only if the agreed mechanisms and all other recruitment steps
outlined have failed should the parties look to other means of
meeting their needs for employees.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95651 RECOMMENDATION NO. LCR15063
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MARCHMONT PACKAGING LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Method of sourcing of journeypersons.
BACKGROUND:
2. The Company manufactures cartons and packaging for the food
industry, of which 75% are exported to the United Kingdom.
The Company employs 90 workers including 18 female
journeypersons involved in the dispute.
The Company's normal practice is to recruit journeypersons
from the Union's list of unemployed journeypersons. However,
in September, 1995 no-one was available from this list and
the Company approached an employment agency who provided two
male workers on contract. Both of these workers held the
required Union cards. An unofficial work stoppage took place
and the Company withdrew the two workers.
Following local discussions the dispute remained unresolved
and a conciliation conference took place under the auspices
of the Labour Relations Commission on 7th November, 1995.
Agreement was not reached and the dispute was referred to the
Labour Court on 20th November, 1995 in accordance with
Section 26(1) of the Industrial Relations Act, 1990. The
Court investigated the dispute on 13th December, 1995.
UNION'S ARGUMENTS:
3. 1. The two male workers contracted from the employment
agency were not apprenticed journeypersons and had been
supplied with the necessary Union cards in error. They
are not being paid the rate for the job of
journeyperson, general operative or transport person,
thereby creating a new category of employee in the
Company.
2. Upon failure to recruit from the Union's list the
Company made no attempt to recruit staff by word of
mouth as had previously been the practice. The Company
is seeking to change the traditional practice of direct
employment to one of hiring workers on a contract basis.
This is not acceptable as there has already been a
decline in numbers from 30 to 18 journeypersons in the
past number of years.
3. All employers in the industry subscribe to the terms of
the Joint Industrial Council and the Company should
comply with the agreement.
4. The Union can now provide a list of 33 journeypersons
actively seeking employment. It should be possible to
supply workers within one hour of such a request.
COMPANY'S ARGUMENTS:
4. 1. A shortage of journeypersons in 1995 has meant that the
Company was unable to meet required delivery dates on
many occasions. Competition in the UK market is fierce
and if the Company is unable to deliver its product on
time, it may be de-listed by the multiples.
2. The Union has been unable to supply staff on a regular
basis to cover absenteeism or during busy periods. When
the Company failed to secure anyone from the Union's
list in September, 1995, in desperation it contacted an
employment agency. The workers provided held SIPTU IWWB
Union cards and were immediately available for work.
They were employed to carry out the non-skill elements
of the journeyperson's job only.
3. The Company has a right to employ workers of its choice,
particularly when the workers concerned hold the
required Union cards. Although the two workers
concerned have been prevented from working, the Company
has continued to pay their wages.
RECOMMENDATION:
The Court very clearly understands the difficulties being
expressed by the Company in seeking to ensure delivery of their
product in good time to markets.
However, the Court does not consider, given the arrangements which
apply in the industry, that the use of contract labour is the
appropriate manner in which to achieve this objective and at the
same time maintain a positive industrial relations climate.
The Court notes that the Union has indicated it is in a position
to make available, from the list of unemployed, qualified
employees to fill the needs of the Company.
The Court notes there may at times be a need to be able to make
employees available at short notice.
The Court accordingly recommends that the Company fill their needs
through the Union's unemployment list, advertisement or enquiries
to employees. The Company and the Union, in discussion, should
immediately put in place a mechanism which will ensure that the
needs of the Company, both of short notice and of longer duration
are met, the mechanism to provide the means to be used if the
arrangements agreed fail to provide the required employees.
Only if the agreed mechanisms and all other recruitment steps
outlined have failed should the parties look to other means of
meeting their needs for employees.
~
Signed on behalf of the Labour Court
16th January, 1996 Tom McGrath
D.G./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Ms. Dympna Greene, Court Secretary.