FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD NA MONA - AND - IRISH CONGRESS OF TRADE UNIONS DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Manning levels.
BACKGROUND:
2. The dispute concerns the appropriate manning levels for two Autonomous Enterprise Units operating in Bord na Mona, Blackwater Works at Shannon Bridge, Co Offaly. Each unit is led by a core team ranging from three to six people drawn from general operative, craft and supervisory categories. A comprehensive framework was drawn up to govern the introduction of this scheme in 1990. There are 48 Autonomous Units operating within Bord na Mona Energy Ltd, 11 of which are in Blackwater Works. The Union lodged a claim for the appointment of an additional Team Leader in Areas 4 and 8 at Blackwater.
The matter was the subject of local discussions but as no agreement could be reached. The matter was referred to the Labour Relations Commission and a conciliation conference took place on the 16th of October, 2001.
As the parties did not reach agreement, the dispute was referred to the Labour Court on the 4th of February, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th of April, 2002, in Tullamore, Co Offaly.
UNION'S ARGUMENTS:
3. 1. The framework states that the number of Team Leaders should be four.
2. The Union have been flexible and reasonable in relation to manning levels in the past and will not stand idly by to see Team Leader positions replaced by General Operatives
3. The Company have reported a healthy profit over the past 5 five years. Planning permission has been secured for the new Power Station at Shannonbridge and this secures the future of the Blackwater works for at least 15 years.
COMPANY'S ARGUMENTS:
4 1. The guidelines were not meant to be and have not been sacrosanct in their application.
- 2. It could be argued with a major investment of over €5 million in new and improved plant and machinery over the past decade at Blackwater, that manning levels need to be fundamentally downsized.
RECOMMENDATION:
The Court is of the view that, in general terms, the staffing levels should be determined by the operational requirements of the tasks involved. This in turn is influenced to a significant degree by a variety of factors, including the evolving functional capacity of plant and machinery and developments in technology deployed in the production process.
In the Court's view, the guidelines on staffing levels contained in the current agreement should now be reviewed so as to reflect current actual operational requirements of the Company , having regard to the factors above and other relevant considerations. The Court notes that a review of certain aspects of the agreement is pending, and recommends that this matter be included in that review.
Without prejudice to the outcome of that review, and without setting a precedent for the future, the Court recommends that the number of Team Leaders be increased to 4 in both areas 4 and 8.
Signed on behalf of the Labour Court
Kevin Duffy
17th April, 2002______________________
HMCD/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.