FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH DISTILLERS LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Payment for extra work.
BACKGROUND:
2. 1. In 1995 the Company decided to close its bonded warehouse in Santry, Dublin. The product held there was re-located in January, 1996 to the Company's main premises at the Fox and Geese and handled for distribution by forklift drivers. The Santry operation employed one forklift driver, while the Fox and Geese plant operated with six forklift drivers.
2. The Union submitted a claim for a percentage rate increase in basic salary for the forklift drivers on the basis that they now handled an additional volume of products as a result of the closure of the Santry warehouse.
3. The Company rejected the Union's claim. It stated that when the work was re-located to the Fox and Geese plant the Company appointed a seventh forklift driver to cater for the additional work. The Company claims that its rates of pay are among the highest in the industry.
4. As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 4th June, 1996. No agreement was reached and the dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 18th September, 1996.
UNION'S ARGUMENTS:
3. 1. The Union claims that there is much more manhandling of products by the drivers concerned as a result of the re-location to the Fox and Geese. The work involves making up pallets of differing products and shrinkwrapping same.
2. Other workers have been compensated in the past for changes in work practices.
3. The drivers now handle an additional 300,000 cases per annum and should be compensated accordingly.
4. The orders are more varied and diverse than before. The drivers now spend more time in handball work, shrinkwrapping and getting on and off the forklift.
5. The Company has, in the past, agreed a 5% increase in the basic rate of pay when shunting duties were re-allocated to forklift drivers.
COMPANY'S ARGUMENTS:
4. 1. The Company rejects the Union's claim that the volume of work has increased for forklift drivers as a result of the move to the Fox and Geese. An additional driver was appointed to cater for any increase in volume.
2. The drivers enjoy one of the highest rates of pay in the industry. Also, they have the benefit of a sick pay scheme, a medical expenses scheme and a non-contributory pension scheme.
3. The claim is cost increasing and is therefore precluded under the terms of Clause 6 of the Programme for Competitiveness and Work (PCW).
4. Any further increase in costs would have serious competitive implications for the Company. It would also lead to repercussive claims from other sections within the Company.
RECOMMENDATION:
The Court having heard all of the views expressed by the parties in their oral and written submissions recognises the co-operation given by the staff to changes in the industry. However, in all the circumstances of this case the Court does not consider there is merit in the Union's case and accordingly does not recommend concession of the claim.
Signed on behalf of the Labour Court
Tom McGrath
27th September, 1996______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.