FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD NA MONA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Refusal to fill Team Leader position.
BACKGROUND:
2. Autonomous Enterprise Units (AEU’s) were first introduced to Bord na Mona on a trial basis during the 1989 production season. A Framework document was drawn up between the ICTU group of unions and the Company, which provided the outline for how the Groups would work. The document provides for a certain number of Team Leaders per hundreds of acres. The Company have traditionally interpreted the number of acres as a net figure, while the Union have seen them as referring to a gross figure.
Area 7 came into being in 1991 with a gross acreage of 1092 with approximately 400 acres in production and had three Team Leaders. In 1995 a fourth Team Leader was put in because of increasing production areas and bog development. One Team Leader retired in 2003 and the Company decided not to replace him based on operational requirements. However an additional seasonal employee was added to the unit. The Union claim that this was done without consultation. The Union want the Team Leader position filled in line with present agreements and the ever increasing peat production requirements.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 26th July 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st February 2006.
UNION'S ARGUMENTS:
3. 1.The Union are seeking to have the appropriate core number of Team Leaders in Area 7 (4) as per the agreement with the Company.
2. The gross acreage for Area 7 is 1092 and the net acreage is 819. The Framework document states that the number of Team Leaders should be four in this instance.
3. Management have de facto replaced a Team Leader with a seasonal general operative thereby reducing the promotional opportunities for general operatives.
COMPANY'S ARGUMENTS:
4. 1.The framework document guidelines were not definitive and adjustments to the number of team leaders andthe mix of skills of team leaders may be necessary to suit operational requirements.
2. In June 2003 when an Area 7 Team Leader retired the next production acreage was only 589 acres and it was decided, based on operational requirements, not to replace him.
3. The current production in Area 7 is 602 acres which is well within the current guidelines of 700 acres for which 3 team leaders is regarded as the operational requirement.
RECOMMENDATION:
In Recommendation LCR 17118 the Court stated that crewing levels should be determined by reference to the operation requirements of the Company, due regard being had to the guidelines set out in the Framework Agreement on Autonomous Enterprise Units. The Court reiterates that view.
It is clear that the number of Team Leaders employed in Area 7 is the same as that in other areas of similar acreage and that it is within the guidelines prescribed by the Framework Agreement.
In all the circumstances of the case the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
24th February, 2006______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.