FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DAWN MEATS LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. (1) Introduction of the headage bonus scheme. (2) Introduction of a quality bonus. (3) Compensation for low level bonus earnings since 1997. (4) Same time and attendance bonus for killing line.
BACKGROUND:
2. The Company is involved in the slaughtering of cattle at its plant in Grannagh, Co. Waterford. It currently employs approximately 60 workers. The workforce is divided between the abattoir and the loading bay, with different methods of pay in each section. The division of the workers and the pay system was agreed with the Union in 1997. The pay system for the abattoir workers is made up of basic rate, a weekly time and attendance bonus and a bonus payment which is based on the number of cattle killed each day.
The dispute before the Court is a claim by the Union on behalf of its members employed in the abattoir for (1) restructuring of the headage bonus scheme, (2) introduction of a quality bonus, (3) compensation for low level bonus earnings since 1997 and (4) the same time and attendance bonus as applies in the Loading Bay.
Local discussions were inconclusive on the issue. The dispute was the subject of three conciliation conferences under the auspices of the Labour Relations Commission held on the 12th of October, 2000, on the 31st of October, 2000 and on the 14th of November, 2000. Subsequent to the final conciliation conference a proposal issued which the Union recommended for acceptance. However, the members rejected the proposal. The dispute was referred to the Labour Court on the 8th of February, 2001 in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd of October, 2001, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The workers concerned have been patient in progressing their claim and have co-operated with the Company in overcoming the difficulties within the industry.
2. Since 1998, the workers have suffered a substantial loss of earnings and the Company has made little progress in addressing the issue.
3. The Union is now seeking:
(i) The restructuring of the headage bonus scheme to reflect the fact that large numbers of cattle being killed daily is no longer realistic.
(ii) The introduction of a quality bonus scheme.
(iii) Payment of compensation for loss of earnings.
(iv) The time and attendance bonus that applies in the 'Loading Bay' to apply to the 'Killing Line'.
COMPANY'S ARGUMENTS:
4. 1. Market conditions and the supply of cattle at any time is outside the control of the Company.
2. The earnings at the plant represent what is achievable within the industry.
3. Every reasonable effort has been made by the Company to respond positively to the difficulties in the industry and the consequent effect on employee relations and pay and conditions of employment.
RECOMMENDATION:
The Court, having considered the written and oral submissions made by the parties, recommends that the Employees accept the Labour Relations Commission settlement proposals of 21st November 2000 with the following adjustments:
1. Bonus Scheme:
No Bonus Below 350 Kill
350 - £3.00 (3.81 Euro) per man
360 - £4.00 (5.08 Euro) per man (i.e. an additional 10p (0.127 Euro) per animal killed between 350-360).
370 - £4.50 (5.71 Euro) per man (i.e. an additional 5p (0.0635 Euro) per animal killed between 360-370).
380 - £5.00 (6.35 Euro) per man (i.e. an additional 5p (0.0635 Euro) per animal killed between 370-380).
390 - £6.00 (7.62 Euro) per man (i.e. an additional 10p (0.127 Euro) per animal killed between 380-390).
391 Plus Killed an additional 12p (0.1524 Euro) per animal killed, per man.
The above headage rates not to be indexed to basic pay.
Pro Rata arrangements to apply on Monday to take account of 7 Hour day.
2. Goodwill Lump Sum:
The goodwill lump sum of £200 (253.95 Euro) as proposed in L.R.C. document to be increased to £400 (507.90 Euro).
Signed on behalf of the Labour Court
Finbarr Flood
26th October, 2001______________________
G.B./C.C.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.