FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WATERFORD FOODS - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Safety issue regarding transport.
BACKGROUND:
2. Waterford Foods, Dairy Division, is a subsidiary of Waterford Foods PLC, with its processing facilities located at the Shandon site in Dungarvan. It is primarily engaged in the manufacture of commodity type dairy products such as milk powders, butters and casein.
In May, 1995 following a Company re-appraisal of its maintenance activities agreement was reached between the parties in relation to the closure of the garage on the Shandon site. The closure which was the subject of LCR 14660 involved the redundancy of one mechanic and the re-deployment of two other mechanics as drivers.
The agreement provided for a private operation to carry out breakdown maintenance on-site with all other maintenance including the routine changing of tyres taking place off-site. The Company argues that the current arrangement has potential safety implications and has proposed that faulty tyres be changed on-site.
The Union is opposed to the Company's proposal indicating that an integral part of the closure agreement of 12th May, 1995 was that breakdown maintenance only would be carried out on-site.
The matter was referred to the Labour Relations Commission. A conciliation conference was held on 23rd April 1996. As agreement could not be reached the dispute was referred to the Labour Court on 11th June, 1996 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Waterford on 15th October, 1996.
UNION'S ARGUMENTS:
3. 1. The Union rejected the terms of LCR 14660 and it was with great difficulty that a dispute was avoided. The workers reluctantly entered into an agreement on 12th May, 1995 which privatised the garage operation.
2. The Union's position is that it is agreeable for breakdown maintenance on tyres etc., to be carried out on-site but pre-planned preventative maintenance must be carried out in the new garage as per the 1995 agreement.
3. Agreement was reached to privatise the garage operation on the understanding that the operation would be off-site with the exception of breakdown maintenance.
4. The Union has been advised that former mechanics will picket the site if the agreement of May, 1995 is not maintained.
COMPANY'S ARGUMENTS:
4. 1. Tyre maintenance is carried out by third party companies throughout the group. This includes inspections, puncture repair and tyre replacement, at whatever location is most appropriate to effect the service. The exception to this system is the Shandon site where vehicles are moved 'off site' to carry out tyre work.
2. The movement of the vehicle off the site is highly dangerous and should cease forthwith.
3. The extra movement of vehicles will increase the possibility of accidents. It has been identified as a hazard in the Company's safety statement and must be resolved. The private operator must be allowed to come on-site with its mobile repair unit and effect whatever repairs are required.
4. The Company has identified a serious safety hazard. The current system of changing tyres is contributing to this hazard. It is unsafe, costly and time consuming. The Company proposal while addressing all the above issues does not in any way adversely affect any group or section of the workforce.
RECOMMENDATION:
The Court considers that every endeavour should be made to ensure that the tyres of vehicles are in a roadworthy condition at any time when used.
The Court notes that in an emergency there is no problem regarding the changing of tyres on site.
The Court would exhort the parties to deal with each case in a reasonable manner.
However, it is the view of the Court that the parties should carry out the work in accordance with the terms of the agreement.
The Court so recommends.
Signed on behalf of the Labour Court
Tom McGrath
11th November, 1996______________________
F.B./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.