FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BATCHELORS LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Manning levels on the "Stork Sterilizer" machine.
BACKGROUND:
2. The Company manufactures a wide range of canned and packed food products under the Batchelors brand and aseptically packed juice and juice drink under the Sqeez brand. It is a brand leader in this field and currently employs over 290 people in two manufacturing plants in Dublin and Athy.
The current staffing arrangements on the "Stork Sterilizer" machine involves four operators working two at a time on a two shift basis. In August, 1996 the Company upgraded the machine and proposed that it could now be operated by three operators instead of four operators. The Company claims that a Work Study Report it commissioned on the "Stork Sterilizer" supports its claim. It also suggested that the Union's Industrial Engineer examine the process but this was rejected.
The Union rejects the claim that the machine is over manned. It claims that a 1993 Company/Union agreement outlines the manning levels necessary to operate the machine. The Agreement provided for two operators per shift to operate the Stork machine.
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 29th January, 1997 but no agreement was reached. The dispute was referred to the Labour Court on the 30th June,1997 under Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 26th September, 1997.
UNION'S ARGUMENTS:
3. 1. The Union rejects the claim that the machine is over manned. Two operators are required at all times to operate the machine.
2. The Company should adhere to the 1993 Agreement on manning levels.
3. The machine handles 550 cans per minute. In addition, the operators must keep a check on gauges and valves and other monitoring equipment. It is not suitable for a one man operation.
4. There would be a substantial increase in the workload for one operator to handle.
COMPANY'S ARGUMENTS:
4. 1. Management proposed various compromise measures including shift overlaps, guaranteed overtime and no reduction in staff levels. However, these were rejected.
2. The Company operates in a very competitive market. It must reduce unit costs or it will lose out to competitors.
3. The Company commissioned a Work Study Report which indicated that the "Stork Sterilizer" machine can be operated by one person.
4. The Union's Industrial Engineer was invited to examine the process but this was rejected.
RECOMMENDATION:
Having considered the submissions from the parties the Court recommends as follows:-
(1) The Union agree to the proposed new manning on the Stork Sterilizer.
(2) When the new manning is in place and working for 1 month the Union/Company should agree to an examination of the process by the Union's Industrial Engineer.
Signed on behalf of the Labour Court
Evelyn Owens
6th October, 1997______________________
L.W./U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.