FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BORD GAIS - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Appeal against Rights Commissioner's Recommendation ST3/96 concerning the effect on a worker of the Company's proposal regarding the payment by credit transfer of weekly paid employees.
BACKGROUND:
2. The worker concerned was appointed to the position of wages clerk in July, 1974. He is responsible for the payment of weekly paid workers and he is based at the Gas Works in Cork.
With effect from 1st November, 1992. An agreement was reached between the parties for the payment of the 3% under Clause 3 of the Programme for Economic and Social Progress in return for the payment of wages by credit transfer.
The dispute before the Court concerns the manner in which the Company proposes to implement the payment by credit transfer for the employees on the weekly payroll. In the new arrangement, payment would be made by way of fortnightly credit transfer and would be incorporated into the Company's payroll system at Little Island.
The Union rejects the Company's proposal on the basis that it would involve the transfer of its member's work to a worker attached to another union.
The matter was referred to a Rights Commissioner for investigation and recommendation. On 24th April, 1996 the Rights Commissioner recommended as follows:-
"Since I am not prepared to recommend the dismantling of the
arrangements made for the handling of the payroll, I must find some
way to protect the interests of the Union in this matter as a fair case
has been made for some consideration for the claimant who has been
wages clerk since 1965. In addition the Company failed to advise and
seek the consent of the Union in relation to the change of plans as
required by the terms of the existing Works Agreement which I understand
is still extant. Accordingly, I recommend that he receives the sum of
£1,000 by way of compensation for the loss of some significant elements of
his work. I also confirm herein that the claimant is guaranteed that there is
no threat to his function or his job as a result of the management decision
in this matter."
The Rights Commissioner's Recommendation was appealed by the Company to the Labour Court on 10th May, 1996 under Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Cork on 16th October, 1996.
UNION'S ARGUMENTS:
3. 1. It was the Union's understanding that the Company indicated in its document of 10th May, 1990 (details supplied to the Court) that the wages department was to be expanded and the worker concerned would retain his position.
2. In early 1991, the worker was successful in his application for the new position of chief cashier which carried additional remuneration. He turned down the opportunity to take up the position as he expected that the Company's document of 1990 would improve and consolidate his position as wages clerk.
3. The Company's proposal is unacceptable to the worker. The Union accepted the 3% under Clause 3 of PESP on the basis of the existing work agreement. At no time was it mentioned to the Union that the Company proposed to transfer the payroll to Little Island.
COMPANY'S ARGUMENTS:
4. 1. The existing work agreement between the Union and the Company provides for the introduction of ongoing change.
2. The 3% under Clause 3 of PESP was paid to all employees in return for agreement in relation to the payment of wages by credit transfer. This agreement re-affirmed the Union's commitment to ongoing change.
3. The changes involved in this case are minor. It was clearly pointed out to the worker that the proposed changes would involve a change in his job content but his workload would effectively remain the same. He will continue to spend the same amount of time on payroll activities.
4. The computer system in the Gas Works is old and could not cope with a fortnightly pay system by credit transfer. The Company is seeking to avail of the technology already available at Little Island.
5. There is a state of the art payroll system presently operating at Little Island which handles fortnightly pay by credit transfer for Bord Gais employees employed in the Southern area. Inputs into the payroll system come from various areas in the Region.
6. The Company has operated at all times within the existing agreement in attempting to introduce the change.
DECISION:
The Court having considered the oral and written submissions of the parties upholds the recommendation of the Rights Commissioner and rejects the appeal of the Company.
The Court so decides.
Signed on behalf of the Labour Court
Tom McGrath
22nd November, 1996______________________
F.B./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.