FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : JOHN RONAN & SONS LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Rate of Pay for stand-by Wool Pullers.
BACKGROUND:
2. John Ronan & Sons Limited was established in 1950. It is involved in the processing of cattle hide and sheepskin for export to the UK, Europe and the Far East markets. It is located in Clonmel and employs approximately 110 permanent/60 casual workers.
In late 1993, new technology was introduced into the wool-pulling section. Formerly, wool was removed by hand by 8 workers (6 pullers/2 stand-by pullers). With the introduction of the new technology there was only a requirement for 2 machine operators. Two workers were selected on the basis of seniority. The other employees were re-deployed (one opted for redundancy) and they continue to act as stand-by pullers.
The dispute before the Court concerns the rate of pay for stand-by pullers. The matter was the subject of conciliation conferences in 1993 and 1995. Proposals put forward by the Industrial Relations Officer following the conciliation conference in October, 1995 in relation to the rate of pay for the two wool-pullers (red-circled) and the rate for hand-pulling were agreed but the proposed rate of pay for the stand-by pullers was rejected.
The dispute was referred to the Labour Court on 30th May, 1996 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Clonmel on 4th June, 1996.
UNION'S ARGUMENTS:
3. 1. The stand-by pullers' claim is that they be paid the same rate of pay as the two machine operators when they are required to operate the machine.
2. It is unacceptable to the workers that a lesser rate of pay should apply than that of their colleagues.
3. The hand-pulling rate will only apply in the event of a machine breakdown and could involve the two machine operators and the five stand-by pullers.
COMPANY'S ARGUMENTS:
4. 1. Issues concerning the introduction of new technology in the wool-pulling section have been the subject of five conciliation conferences and exhaustive negotiations at local level.
2. The rate to apply to the operation of the wool-pulling machine is £16,500 and was first proposed by the Company very early on in negotiations. This rate was a fundamental element of the Company's proposals of 14th October, 1993 (details supplied to the Court). This rate was agreed at conciliation on 21st January, 1994. A higher personalised rate was agreed for the two permanent machine operatives.
3. The Union expressed concern with the Company's throughput figures in respect of the two permanent machine operators (these were to be reviewed after one year). It was the understanding of the Company that all other aspects of the Commission's proposals were acceptable, including the rate applying to the job of £16,500.
4. Following two further conciliation conferences a proposal was arrived at. This established a new personalised rate for the workers. It further confirmed that the rate applying to the job was £16,500 which would apply for the stand-by pullers. Moreover, it was clarified that "the above personalised arrangement is 'red-circled' to the two individuals specified. It is without precedent, and cannot be used as a basis for any 'knock-on' claims. The personalised rates and arrangements will cease on this machine with the departure of one/two employees." This was in full and final settlement of all issues in dispute.
5. At conciliation, it was and is the Company's understanding that agreement had been reached on all issues connected with the operation of the wool pulling machine.
RECOMMENDATION:
Having considered the submissions made and the reports of conciliation meetings the Court is of the view that the Union's claim is not well founded and accordingly does not recommend its concession.
Signed on behalf of the Labour Court
Evelyn Owens
1st July, 1996______________________
F.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.