FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MUSGRAVE SUPERVALU CENTRA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Relocation and Early Start Allowance.
BACKGROUND:
2. The Company operates from six distribution facilities. These consist of both Ambient and Chill facilities. It is closing its Laurel House Depot, located at Robinhood Industrial Estate, Dublin, and has transferred 11 drivers to its Ambient facility at Kilcock, Co. Kildare a distance of 33 Kilometres. At present 5 drivers start work at between 4.00 a.m. and 6.00 a.m. The 6 other drivers are on shift, more recently those drivers have started to rotate into days as required. The Union is claiming a disturbance payment of €6,000 and an early start allowance of €10 per day per worker. The Company made an offer as follows:
(i) To bring the existing shift drivers onto days subject to their agreement to work the early start time of between 4.15a.m.and 6.15 a.m. Their general terms and conditions of employment will be red circled.
(ii) The payment of a lump sum of €4,000 to each driver to offset any potential loss of earnings, irrespective of whether any loss occurs.
(iii) A gross lump sum of €2,000 to each driver as relocation compensation.
(iv) The option of 6 redundancies on a voluntary basis.
The Union rejected the offer. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 3rd February, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 15th March, 2005. Both parties agreed to accept the recommendation of the Court.
UNION'S ARGUMENTS:
3.1. The Kilcock Warehouse will be located 33 kilometres from the existing Depot at Laurel House. This means a round trip of 66 kilometres daily. Significant traffic congestion is anticipated and this will affect the drivers' travel time to and from work adding a minimum of one hour travel time to the majority of drivers.The claimants will incur significant extra fuel costs as well as extra wear and tear on their vehicles.
2. The starting time proposed is very early and does not coincide with a reasonable social/family life. The starting time of Dublin drivers will be at least two hours earlier than their Cork colleagues for the future, therefore there is a very valid reason for an early morning start allowance to apply. There are many precedents for the payment of this allowance.
COMPANY'S ARGUMENTS:
4. 1. The overall increase in distance does not merit any relocation payment. Moreover such payments have largely become a thing of the past.The Company considers its offer of €2,000 per driver as being very reasonable.
2. The Company has gone to significant lengths to maintain and improve upon the terms of the claimants upon transfer to Kilcock. They have been given red circled day posts and first choice of the most lucrative routes.
3. The Company does not pay an early start allowance in any part of its network. The vast majority of drivers in the Company start at times similar to or earlier than those being proposed for the claimants. Concession of an early morning start would result in a knock on claim from other employees.
RECOMMENDATION:
(i) Relocation Payment
Having considered the oral and written submissions of the parties, the Court recommends that, in the particular circumstances of this case, a relocation payment of €8,000 should be made to each of the claimants.
(ii) Early Start Allowance.
The Court does not recommend concession of this claim.
Signed on behalf of the Labour Court
Raymond McGee
21st March, 2005______________________
TOD/BRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.