FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FULFLEX INTERNATIONAL LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr Rorke |
1. Various issues arising from LCR 16174 and LCR 16060.
BACKGROUND:
2. The dispute before the Court concerns the following issues:
(i) The removal of three production machines.
(ii) The increase of calendar machine speeds.
(iii) The use of swipe cards.
The removal of three production machines
The Union did not agree to the removal of these machines. As a result, three of its members were displaced and were advised by the Company to apply for positions advertised on the notice board. The Company maintains that the Union was aware that the machines would be removed and the three workers would be accommodated elsewhere in the plant.
The increase of calendar machine speeds
Union members were due to vote on LCR 16174 which dealt with the increase of calendar machine speeds on the 20th of June, 1999. On the 10th of June, 1999, management decided to instruct workers to increase calendar machine speeds without agreement.
Due to customer pressure, management did not want to waste anymore time and decided to increase calendar machine speeds prior to the 20th of June, 1999.
The use of swipe cards
The Union accepts the swipe card system which records entry to and exit from the plant. It cannot accept Management's decision to extend the system to record all breaks away from work stations.
The Company decided to extend the swipe card system to record all breaks away from work stations due to the regular abuse of break times which affected the efficiency of the Company.
The issues could not be resolved at local level.
The dispute was referred to the Labour Court and a hearing took place on the 23rd of September, 1999.
UNIONS ARGUMENTS
3. 1. The removal of three production machines
These machines were removed without Union agreement and as a result, three of its members with over 20 years service were displaced and advised to apply for positions advertised on the Company notice board. This is unacceptable.
2. The increase in calendar machine speeds.
The decision to increase speed was taken by Management one week prior to members balloting on LCR 16174. A worker was suspended for refusing to increase speeds. This decision was in contravention of procedures and normal industrial relations practice.
3. The use of swipe cards
The extension of the swipe card system to record all breaks away from work stations, is a complete change and has placed unfair obligations on workers.
4. The Company has acted in a disgraceful manner. It continued to implement change without agreement. It suspended 92 Union members for not complying with Management's demands.
COMPANY'S ARGUMENT'S
4. 1. The removal of three production machines
The Union was aware of the Company's intention to remove these machines. The three workers involved would be accommodated elsewhere in the plant.
2. The increase of calendar machine speeds
Due to customer pressure it was necessary to increase speeds without further delays as it had already taken sixteen months to bring the issue to the Court.
3. The use of swipe cards
As there is a widespread abuse of breaks away from the work stations it was necessary to extend the swipe card system to record all breaks. It is a necessary step in re-establishing quality at the plant.
4. The Company must have the freedom to implement change to deal with increasing competition.
RECOMMENDATION:
The Court has given careful consideration to the submissions made by the parties on the issues which have given rise to this dispute. In relation to those issues, the Court recommends as follows:
Use of Swipe Cards
The Company's desire to operate the swipe card system in the manner proposed arises from its contention that agreed break times are being continuously abused. They have outlined to the Court the degree to which this abuse impacts on the quality and efficiency of the Company's product. The Court is satisfied that the agreed break times are in line with best standards in industry generally. There is no suggestion on the Company's part that these breaks should be in any way reduced or diminished.
Having considered the submissions of both parties on this issue, the Court accepts that there is a significant problem arising from some employees extending breaks beyond their agreed duration. In the Court's view, reasonable measures should be put in place to address this problem. It would, however, be unreasonable for the Company to introduce a system for that purpose which impacts adversely on employees who observe the agreed break times, as well as those who do not.
The Court recommends that on the resumption of work, the swipe card time recording system should be extended to cover the two canteen breaks. In cases of abuse of the agreed break times by individual employees, arrangements should be introduced by which such employees would be required to use the swipe card system to record all breaks. This arrangement should continue for a period of three months. Where there is repeated departure from agreed times, this arrangement could be for an extended period in line with the Company/Union Agreement. The decision of Management should be appealable within the normal agreed procedures. However, the individual should continue to swipe, under protest if necessary, for all breaks pending the outcome of the appeal.
In line with normal practice, employees should not leave their workstation without the approval of the appropriate manager/supervisor.
Amendment of Company/Union Agreement
The Court recommends that the amendments to the Company/Union Agreement, as provided for in Article 37, should be deferred until the review date specified in the Agreement (May 2000). In the interim, there should be full compliance by all parties with the terms of the existing Agreement. Moreover, the parties should commit themselves to adopting best industry practice in the interest of securing the viability of the Company and protecting employment.
Lifting of Suspensions
Following the acceptance of this Recommendation, all suspensions should be lifted and both parties should commit to there being no recriminations or victimisation of any kind.
Line Speeds
The increased calendar speeds should continue to be worked, under protest if necessary, pending a final resolution of this issue.
Review
The Court further recommends that the arrangements proposed in relation to the use of swipe cards be reviewed by the parties, after they have been in operation for a period of three months.
Signed on behalf of the Labour Court
Kevin Duffy
27th September, 1999______________________
GB/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.