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 Doherty Worker Member: Mr. Somers |
1. Rehearing arising from LCR 17333
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of Forklift Drivers for the maintenance of their differential of €77 in return for increased productivity and changes in work practices arising from the introduction of a new bottling line.
A labour Court hearing took place on the 26th November. 2002 and Labour Court Recommendation LCR 17333 issued on the 3rd December, 2002in which the Court recommended:
- "On the information currently to hand the Court cannot anticipate the impact of the proposed change. The Court recommends that the new arrangements should be put in place and that the Forklift Drivers should cooperate fully with them. After the arrangements have been in place for a period of six weeks, their impact on the claimants should be jointly assessed. Either party may then refer the dispute back to the Court for a definitive recommendation.
As agreement was not reached, the Company referred the dispute back to the Court on the 16th April, 2003 for a definitive recommendation. A Labour Court hearing took place on the 10th September, 2003,
The following is the Court's recommendation.
RECOMMENDATION:
In Recommendation LCR 17333 the Court proposed that a joint assessment take place of the impact of the new arrangements on forklift drivers. A joint assessment was not undertaken. Rather each side undertook their own assessment and arrived at different results.
The Court is of the view that an assessment along the lines previously recommended should now be carried out. The assessment should be conducted over a four week period to be agreed between the parties. If agreement is not reached following the outcome of this assessment, the matter may be referred back to the Court for a final recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
18th September, 2003______________________
JB/BGDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.