FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DAWN DAIRIES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. 1. Compensation for use of Hand Held Machines 2. Pay
BACKGROUND:
2. The Company and the Union have been in discussions since 2001 to change from the current system of recording deliveries and sales by docket and round books to a hand held technology system. In 2004 the Company introduced hand held machines to all new employees taking up positions as Drivers/Salesmen. Since that time the Union have been in ongoing negotiations with the Company seeking agreement on the introduction of hand held technology for all Drivers/Salesmen on the basis of protecting the interest of their conditions of employment and pay. The Company reject the claim for compensation for the introduction of the hand held technology The Company argue that it is not new technology and operating two systems of recording sales is impeding their business. The Union argue that their have been major problems with the new system which has resulted in their members working additional hours.
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 22nd August, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th June, 2007.
UNION'S ARGUMENTS:
3. 1 Van salesmen are currently not paid beyond the normal working week and they are dependant on commission for the remainder of their salary. By introducing a system that increase the working day there is no mechanism that will compensate drivers in return.
2 Problems with the hand held machines during their operation with new drivers have resulted in additional working hours that vary in some cases between one to two hours a day. It is on this basis that the Union request that the Company enter discussions to undertake an overall review on payment and commission structures within the Company for van salesmen.
COMPANY'S ARGUMENTS:
4. 1 Hand held technology is the way almost all sales transactions in the distribution industry are completed by drivers today. Their are currently 130 drivers in the Company's various divisions using hand held technology. It has been indicated to the Company than none of them would like to revert to the docket book system and none of them sought compensation. The Company consider the use of hand held technology to be part of normal ongoing change as provided for in Towards 2016.
2 The Company recognises that some training is necessary to support the 14 outstanding Drivers who need to take on the use of hand held technology. To support a smooth transition we have offered a total of 12 hours overtime to cover this training. The Company is satisfied that this is sufficient.
RECOMMENDATION:
The Union accepts that the proposed introduction of a hand held technology system in place of manual docket books constitutes normal on-going change to which the parties to Towards 2016 are committed. However, the Union contends that the use of the technology at issue will result in the extensions of its member's working week and it is on this basis that they seek compensation. The Company insists that no such consequence will arise.
The Court recommends that the Union agree to the use of the technology at issue and that its use be reviewed after it has been in operation for a period of six months. If, as claimed by the Union, it results in a significant increase in the working hours of those associated with this claim, appropriate compensation should be negotiated at that time.
Signed on behalf of the Labour Court
Kevin Duffy
2nd July, 2007______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.