FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BEAMISH & CRAWFORD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. (I) Manning levels in kegging area (II) Productivity payment in kegging area (III) Compensation for loss of overtime (IV) Productivity for fork-lift drivers.
BACKGROUND:
2. The Company is part of Scottish & Newcastle Brewery Group which are currently in the process of being taken over by Carlsberg and Heineken thus leading to great uncertainty within the business. In order to maintain a sustainable manufacturing facility at South Main Street costs need to be reduced significantly in order to bring them into line with other Breweries within the Group. Input costs like malt, electricity, gas, bottles and cans are outside of the control of Management, only labour costs, productivity, manning levels and reduction of overtime work remain within their ambit to control spiralling costs. Negotiations between Union and Management have been on-going but there is no sign of agreement on how best to increase the facility's competitiveness.
The dispute could not be resolved at local 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 2nd January, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 28th March, 2008.
UNION'S ARGUMENTS:
3. 1. The reduction in manning levels in both the kegging and fork-lift operation areas can only be implemented with the full support of Union members, this is not forthcoming as the number of permanent Workers has already been drastically reduced.
2. The compensation offer of only one years loss of earning in lieu of overtime is grossly below Worker's expectations.
COMPANY'S ARGUMENTS:
4. 1. The Company has made a significant investment in plant and machinery which will allow a reduction in manning levels in line with comparator breweries.
2. Restructuring rosters and introducing new job specifications are the only means that are capable of successfully avoiding possible closures and will ultimately protect remaining Worker's jobs at the Cork plant.
RECOMMENDATION:
Having considered the submissions of the parties, the Court recommends as follows:-
Kegging Plant / Fork-lifts
A job evaluation should be carried out in both areas by an agreed expert, or joint experts, in order to determine the correct manning levels and the result should be accepted by both parties.
Following this, the parties should resume discussions on the appropriate level of productivity increase if such is the result in each area.
If no agreement is reached on the level of increase, the matter may be resubmitted to the Court for final recommendation.
Loss of overtime Earnings
The Court recommends, in accordance with previous precedent, that two years loss of earnings be paid in this case.
Signed on behalf of the Labour Court
Raymond McGee
16th April 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.