FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BEAMISH & CRAWFORD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Productivity Claim in respect of Bottling Plant Operators.
BACKGROUND:
2. The dispute concerns the Union's claim, on behalf of Bottling Plant Operators, for a pay increase arising from the introduction of a new bottling line which has greater capacity than the current one. The Union's claim is for an increase in basic pay of €170 per week. The Company offered €20 p.w. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 14th October, 2002. Agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 30th October, 2002. A Court hearing was held on the 26th November, 2002.
UNION'S ARGUMENTS:
3. 1. There is a valid case for the increase claimed by the Union on behalf of the Bottling Plant Operators. The bottling line upgrade will impact significantly on the claimants, with a very substantial increase in production.
2. There will be a reduction in manning levels from 10 to 6. The revised manning levels will be expected to give increased flexibility in relation to holiday and sickness cover and cover for breaks.
3. The new starting time will revert from 8.00 am to 7.30 am.
4. The plant will be expected to run through break times for the future.
5. The Bottling Line upgrade will provide significant added value to the Company.
COMPANY'S ARGUMENTS:
4. 1. The Company is prepared to increase the Bottling Plant Operators' rate of pay to bring it, over a period of three years, to the existing higher rate for Kegging Operator. However, this offer is conditional on there being no repercussive claims from other groups arising from a pay adjustment.
2. It is imperative for the Union to recognise that ,while a case for pay equality may exist in the case of the Bottling Plant Operators, there is no valid basis for its application to other groups.
3. The business is very competitive and capital investment is crucial. To try to put a cost on change is bad for the Company's image and puts at risk the prospect
of further investment in the future.
RECOMMENDATION:
The Court notes that the company have accepted that the changes required of the staff affected is radical in nature and that a significant pay increase is warranted in return for cooperation with this change. The dispute is confined to the amount of increase warranted and the terms on which it should be paid.
Having considered the submissions of the parties the Court recommends that the basic rate of Bottling Operatives be increased to €555.69 per week, with effect from the date of this recommendation, in return for full cooperation with the changes required by management.
Signed on behalf of the Labour Court
Kevin Duffy
3rd December, 2002______________________
TO'DDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.