FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FINSA FOREST PRODUCTS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. 1. Greasing Position
BACKGROUND:
2. This case concerns a dispute between the Company and the Union in relation to the appropriate worker to carry out the greasing role within the Company. The Company is involved in the production of chipboard and other wood products and is a subsidiary of the Spanish Company, Financiera Maderera SA.
The Union position is that the role of greasing the machinery is most suitable to a General Operative (G.O.) The Company position is that the role as envisaged in the future will require a Craftworker on the basis that a greater technical and computer knowledge will be required as well as maintenance and repair of the machinery. The Union further contend that a G.O. could receive training in relation to the future requirements of the role.
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 matter was referred to the Labour Court on 31st October 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 6th June, 2007 the earliest date suitable to the parties. The Court subsequently carried out a work inspection on the role at the Company's premises on 2nd August, 2007.
UNION'S ARGUMENTS:
3 1 The greasing position has been carried out by a G.O. for approximately 30 years. There is no justifiable reason that with the appropriate training/ upskilling the role could not be carried out by a G.O. going forward.
COMPANY'S ARGUMENTS:
4 1 There are significant technological advances envisaged in the role going forward. Given these advances and the issue of maintenance and repair, the role must be carried out by a Craftworker (Fitter).
RECOMMENDATION:
Greasing Position:
Having considered the submissions of the parties and having inspected the work as it presently is, as well as how the job is envisaged in the future, it is the view of the Court that the position is one most appropriate to the skills of a qualified fitter.
The Court recommends accordingly
Signed on behalf of the Labour Court
Raymond McGee
3rd October, 2007______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.