FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CANTRELL & COCHRANE IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Distribution change negotiations.
BACKGROUND:
2. Following the Companys acquisition of the contract for the manufacture of 7 up a major reorganisation of its operations was necessary. Negotiations on issues in dispute commenced under the auspices of the Labour Relations Commission and conciliation conferences were held in April, June, August and September, 2000. Agreement was reached on most issues. There is one outstanding item in the Distribution Area relating to the transfer of two workers from Kylemore Road to Nangor Road. The Company proposed to re-locate these workers to the Nangor Road site or their cumpulsory redeployment to the warehouse. The Union rejected the proposal and put forward the following options;
(a) the workers should be retained at Ballyfermot as their base for transport duties;
(b) they should be declared redundant;
(c) separate negotiations should be held on compensation for their redeployment to indoor work on shift hours.
These proposals were not acceptable to Management. The dispute was referred to the Labour Court by the Labour Relations Commission on the 6th December, 2000. A Court hearing was held on the 12th January, 2001.
UNION'S ARGUMENTS:
3. 1. The workers preferred option is to remain in Ballyfermot on transport duties.
2. In the event of this being unattainable, the option of voluntary severance should be available. It is a signifiant change to be re-located to a new site, new systems and new management. It is also a significant change to be re-located to indoor work at the existing warehouse at Ballyfermot on shift hours. It has been a feature of industrial Company/Union agreements that such change, required of transport workers, be matched with an option of severance.
3. The C&C Group has applied this policy in other member companies, most recently in the C&C Wholesale Company whereby transport workers re-locating from Clontarf to the Nangor Road site claimed and won the option of voluntary severance (LCR 16456) refers.
COMPANY'S ARGUMENTS:
4. 1. In an attempt to resolve the issue the Company made the following proposals;
(i) The current crew can opt to redeploy into the warehouse, accepting the terms and conditions agreed with the warehouse operatives.There would be a significant increase in gross wages.
(ii) The current crew can opt to transfer to the Nangor Road site as an operating base. Accepting the terms as outlined they will continue to be termed as "Kylemore employees" with access to the "Kylemore facilities" and relevent agreements. Workers will receive a gross transfer payment of £1,300 each.
2. The Company's proposal will enhance the earnings of both workers substantially.
3. Redundancy is not an option when the Company has increased employment by approximately 100 permanent positions.
RECOMMENDATION:
Having considered the submissions of the parties the Court is of the view that the company's offer to accomodate the employees associated with this claim in remaining at the Kylemore Road location is reasonable. For that reason the Court does not recommend concession of the claim for the option of a redundancy package.
Signed on behalf of the Labour Court
Kevin Duffy
19th January, 2001______________________
TOD/TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.