FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEGRAL BUILDING PRODUCTS LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Claim by the Union for £750 per worker for operating a new time clock.
BACKGROUND:
2. The Company, which employs 240 workers, manufactures roofing materials and is located at Athy, Co. Kildare. Due to Y2K computer problems the Company replaced its Time and Attendance clock equipment at the factory with new equipment. The new equipment requires the use of a "fob" instead of a plastic key by workers but is the same as the old equipment in terms of data recorded. The Union, on behalf of approximately 150 workers, is claiming £750 per worker for using the new equipment. The Company rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 6th of January, 2000. Proposals of the Industrial Relations Officer which, inter alia, recommended the involvement of the Advisory Service of the Labour Relations Commission to examine industrial relations in the plant were accepted by the Company and also by the Union Committee but were rejected following a ballot of the workers. The dispute was referred to the Labour Court by the Labour Relations Commission on the 10th of January, 2000. A Court hearing was held on the 14th of January, 2000. A letter recommendation was issued on the 18th of January, 2000.
UNION'S ARGUMENTS:
3. 1. The issue in dispute was initially brought about as a result of the Company's plan put to the Union in September, 1999 whereby the Company proposed that "the change in the clock system to 'Swipe Cards' will be fully implemented as soon as possible". This was in return for a 4% lump sum payment based on earnings for 1998/1999. The Union, thereafter, secured agreement on the 4% without conditions, in an offer made by the Company in October, 1999.
2. There is already in existence a precedent whereby the Company made a payment to workers in 1993 (3% under PESP) for co-operation with a new electronic clock-in system. Also the Company was originally willing to pay a portion of the 4% lump sum in return for co-operating with the change in the clock-in system.
3. The Union works Committee unanimously decided to recommend the Industrial Relations Officer's proposals with the proviso that employees would work the new system under protest pending the outcome of the report of the Advisory Service. The proposal was rejected two to one in a secret ballot of members.
4. There is a growing level of hostility among employees to the effects of asbestos on workers' health. There is little progress to date in addressing this problem which has led to a high level of distrust between workers and management.
5. In order to resolve the time recording issue, it is essential that the workers be paid some form of compensation. Without it there will be no agreement. The Union also seeks some form of written guarantee that the system will not be extended to other issues such as security checks and transfer between departments.
COMPANY'S ARGUMENTS:
4. 1. The only change involved for workers was the replacement of a plastic key with a proximity "fob". The change does not warrant a compensation payment. The system has no other operating changes from the non-Y2K system. The Company has offered to guarantee this in writing and to have the system examined by a nominee of the Union to establish this fact without doubt. At present the Company has no Time and Attendance system in operation as the previous system ceased to function on the 31st of December, 1999. A Time and Attendance system is an essential element of the efficient and modern management of a large industrial plant. Craft workers have been using the key fob system without comment since the 4th of January, 2000. Co-operation with issues of this nature is clearly covered by Partnership 2000. The Company has honoured all its commitments under that agreement.
2. The Company accepts that the negative attitude of workers is to a large degree influenced by their concerns with asbestos and health related problems. These issues are extremely complex, have significant legal implications and are not capable of being speedily resolved. As formal proceedings have been issued in a number of cases, the issues are sub judice. Arising from a meeting between Management and Unions in the plant in mid-1999, a process, under the auspices of an Independent Mediator, was commenced to seek a negotiated solution to the problem. Meetings are ongoing.
3. The Company accepted the proposal of the Industrial Relations Officer to have the assistance of the Advisory Service investigate and make recommendations on industrial relations structures and practices. The Company cannot accept the situation whereby a minor issue, necessary for the ongoing operation of the factory, be in effect held up in pursuit of unrelated issues being actively advanced in their own right.
RECOMMENDATION:
While the claim the Union has made is for £750 for using the new clocking-in mechanism, a number of issues appear to be influencing this claim.
The issues were identified by the Union as:-
- The lack of meaningful response on an asbestos issue.
- Fears that the clocking-in mechanism could be used for purposes other than recording time in and time out.
- A general feeling of frustration in relation to the bad industrial relations climate in the Company.
The Court, having considered the issues as outlined by the Union, is satisfied that the asbestos issue is being addressed at the highest level, the President of SIPTU having agreed with the Company to set up a process to deal with this problem. While accepting that there are legal difficulties in the background, the Court would urge the parties to give the necessary time to bring this matter to a conclusion.
On the issue of the industrial relations, the Court is satisfied that the proposal to use the Advisory Service of the Labour Relations Commission is the right way forward and this again should be implemented immediately.
On the third issue of the time clocks being used for other than time recording, the Court notes the Company guarantee that this is not the purpose of the use of the clocks, and that it is not proposed to use them for anything other than time recording.
While accepting that these other issues are influencing employees' attitudes, the issue before the Court is a straight forward claim for £750 payment for the use of the alternative mechanism.
The Court, having considered all the information, finds no merit in this claim before it and therefore rejects the Union claim for a payment in this case.
Signed on behalf of the Labour Court
Finbarr Flood
11th February, 2000______________________
T.O'D./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.