FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 57(1), INDUSTRIAL RELATIONS ACT, 1946 PARTIES : LOWE ALPINE LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Application by the Union for a decision under Section 57(1) of the Industrial Relations Act, 1946 as to whether or not 13 employees of Lowe Alpine Limited are covered by the Tailoring Joint Labour Committee (J.L.C.).
BACKGROUND:
2. The Company rejects the Union's claim that its operations come within the definition of the Tailoring J.L.C., as set out in the Tailoring J.L.C. schedule.
It claims that in 1978 it commenced operations from a plant in Spollenstown, Tullamore manufacturing rucksacks. In 1983 the Company moved from Spollenstown to Sragh Industrial Estate, Tullamore. In 1986 the Company commenced the manufacturing of clothing in a separate plant in Mountrath. This plant was involved in the manufacturing of breathable or waterproof products, referred to as "shell garments" and fleece garments, while the Tullamore plant retained the production of rucksacks, camera bags and tents.
In December, 1988 the Mountrath facility was closed and all production was centralised to the Tullamore plant. The majority of employees transferred to the plant in Tullamore. In 1990 production of all breathable products was transferred to Asia. There was also a phasing out of all the production of camera bags and tents over a period of time.
The Company currently employs 248 people at its plant in Tullamore. It is divided into two production sections, clothing and pack-making (i.e. rucksacks). Lowe Alpine manufactures garments such as jackets, pants, anoraks, vests, sweaters, gloves and caps. The manufacture of rucksacks accounts for 50% of total production.
The manufacture of rucksacks and fleece garments firstly involves the company purchasing fleece knitted fabric in bulk from the U.S. The fabric is then cut into panels and assembled on the factory floor by different machines to produce the finished product. The Company claims that it is not involved in any form of bespoke tailoring. However, the Company's patterns are marked in, cut out and assembled in mass production by machines. Also, all embroidery and needlework is done by automatic 17 and 12 head embroidery machines.
The Union claims that its members are covered by the Tailoring J.L.C. Employment Regulation Order (E.R.O.). It claims that the Company supplies many garments made to specific customers' requirements. It also claims that its members were given J.L.C. Registration Cards while working in Mountrath. It was a condition of employment that Union members transferring from Mountrath be registered with the Tailoring J.L.C.
As no agreement could be reached, the Union requested that the matter be referred under Section 57 of the Industrial Relations Act ,1946 to the Court for a decision as to whether or not the workers concerned are covered by the Tailoring J.L.C. The Court heard the case on the 2nd May, 1997.
UNION'S ARGUMENTS:
3. 1. It was a condition of employment that all production workers be registered with the Joint Labour Committee under the heading "Tailoring".
2. The workers meet the criteria as set down by the Tailoring JLC .
3. There is a facility available at the plant for the cleaning and washing of garments returned for renovation/repair.
4. The Company make many garments to order to suit individual customers requirements.
5. The employees concerned are being paid rates of pay which are below the statutory minimum rates of remuneration as specified by the Employment Regulation Order.
COMPANY'S ARGUMENTS:
4. 1. The Company is not involved in any form of bespoke tailoring. It is involved in the mass production of garments by machine. All embroidery and needlework is performed by machines.
2. There is no official cleaning process of garments at the plant. Staff carry out a general examination in terms of clipping off any loose threads from garments.
3. The Company does not line any of its garments with fur and does not make women's or girl's headgear from rubberised, oilskin or plastic material.
4. The current Company/Union agreement does not contain any reference to the Tailoring J.L.C. The agreement provides that rates of pay be negotiated between the Union and Management and which is binding on both sides.
DECISION:
The Court having considered all the information presented, against the requirements necessary to qualify under Section 57 of the Industrial Relations Act, 1946, does not find that these employees are covered by the Tailoring J.L.C.
Signed on behalf of the Labour Court
Finbarr Flood
10th July, 1997______________________
L.W./S.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.