FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : VAN DEN BERGH FOODS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Introduction of hand held terminals and pagers.
BACKGROUND:
2. Van den Bergh foods is part of the Unilever Group. It manufactures and distributes HB ice cream, McDonnells soups, Birds Eye frozen foods and Lipton tea.
In early 1995, the Company proposed the introduction of hand held terminals and pagers for its sales staff. The workers concerned are employed by the Company as van salespersons. Local level discussions took place following which the system was introduced in September, 1995 on a trial basis in the Waterford area.
In November, 1995 the Union submitted a claim on behalf of approximately 129 workers for a once off payment of £2,000 per person plus an increase in the workers' meal allowance. The Company rejected the claim.
The matter was referred to the Labour Relations Commission. Conciliation conferences took place on 24th January, 1996, 7th February, 1996 and 19th February, 1996. Following the conciliation conference on 19th February a proposal put forward by the Industrial Relations Officer (details supplied to the Court) and recommended by both parties for acceptance was rejected by the workers. As agreement could not be reached the dispute was referred to the Labour Court on 4th April, 1996 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 31st May, 1996.
UNION'S ARGUMENTS:
3. 1. The introduction of the hand held terminals and pagers will result in substantial savings to the Company.
2. The Union's claim for £2,000 per person, plus an increase in the meal allowance is justified on the basis that under the proposed new system, sales will increase and the workers will spend considerably more time on the road.
3. The Union's initial claim was for the introduction of hand held terminals; the Company introduced pagers at a later stage in the negotiations. The Union is willing to accept the Company's proposals in return for concession of its claim.
COMPANY'S ARGUMENTS:
4. 1. The introduction of hand held terminals and pagers will greatly improve the accuracy of the van salespersons' information and do away with the need to key in daily cash and credit sales for each van salesperson. There should be no difficulty balancing statements at the end of the day and this in time will lead to a reduced workload for the workers concerned.
2. Many workers in similar employment have been operating hand held terminals and pagers for many years.
3. The Company is satisfied that £600 is adequate compensation for the introduction of technology which will result in long-term benefits to the workers.
4. As the issue of compensation is the only issue in dispute the Court is requested to uphold the proposals of the Labour Relations Commission as being reasonable in the circumstances.
RECOMMENDATION:
The Court having considered all of the issues raised by the parties in their oral and written submissions recommends that the proposal of the Industrial Relations Officer be accepted.
Signed on behalf of the Labour Court
Tom McGrath
26th June, 1996______________________
F.B./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.