FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BOC GASES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Dublin ASU Tanker Driver Flexibility Changes As Normal Ongoing Change
BACKGROUND:
2. This dispute concerns whether changes proposed by the Company in the document 'Dublin ASU Tanker Driver Flexibility Changes' are normal on-going changes within the parameters of Paragraph 1.9(iv) of 'Towards 2016'. The Union claim that the Automated Tanker Filling (ATF) part of this document is a fundamental change to the workers' terms and conditions; one which will result in significant savings for the Company. The Company offered to pay a once-off lead-in payment of €1,000 per driver in return for full cooperation but this was rejected.
This dispute was the subject of a Conciliation Conference held under the auspices of the Labour Relations Commission but, as no progress could be made, on 6th February 2008, both parties requested that the dispute be referred to the Labour Court for a full hearing. In accordance with Section 20(2) of the Industrial Relations Act, 1969, both parties agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 19th August, 2008.
UNION'S ARGUMENTS:
3. 1. The changes proposed by the Company will result in significant savings, but only through the drivers taking on new duties and responsibilities.
2.These new duties and responsibilities are a fundamental change to the drivers' work practices.
3.It is a legitimate aspiration for the drivers to be rewarded for changes in excess of normal ongoing change, particularly when such changes result in significant savings for the Company.
COMPANY'S ARGUMENTS:
4. 1. This claim is cost-increasing and prohibited under the terms of 'Towards 2016'.
2. The drivers already enjoy excellant pay and conditions.
3.The proposed changes are well within the parameters of Paragraph 1.9(iv) of 'Towards 2016'.
DECISION Section 20(2)
The net issue before the Court in this Section 20(2) referral is whether the changes proposed by the Company contained in the document “Dublin ASU Tanker Driver Flexibility Changes” constitutes normal on-going changes within the meaning of clause 1.9 (iv) of “Towards 2016”. The Union claimed that the changes envisaged, in particular the Automated Tanker Filling requirement, constitute major or significant change and consequently submitted a claim for a percentage of the savings, which will accrue, to the Company in the first year.
Having given careful consideration to the oral and written submissions of both sides, the Court is satisfied that the changes proposed are properly classified as normal on-going change.
The Court notes that the Automated Tanker Filling operation, required to comply with the Irish Medicines Board regulatory requirements, will involve a level of training suitable for each individual Driver. However, the Court is satisfied that the level of change involved comes within the meaning of “normal ongoing change” and cannot be classified as “major or significant change”. Accordingly, under Clause 1.10 (iv) of the pay agreement associated with “Towards 2016” the Court finds that the Union’s claim is cost increasing.
RECOMMENDATION:
The Court notes that while the Company held the view that the Union’s claim was debarred under the terms of “Towards 2016” it made an offer to pay a once off lead in payment to the Drivers in return for full co-operation with the required changes.
Having considered this aspect of the case and in an effort to resolve the matter in dispute, the Court has decided to make the following recommendation to the parties:
- The Court recommends that the Union should co-operate with the changes proposed as outlined in the document “Dublin ASU Tanker Driver Flexibility Changes” and the Company's offer of a lead in payment of €1000 should be increased to one of €3750 per Driver affected.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th August, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.