FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CAMERON IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. (A) Machine Time Monitoring (MTM) (B) T2016 (C) Shift Patterns
BACKGROUND:
2. This dispute arose from the Company's decision to withhold payment of pay increases, due in two phases under 'Towards 2016', because the Workers refused to cooperate with the introduction of a computerised system for monitoring machine performance, known as Machine Tool Monitoring (MTM).
This 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 April 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st October 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Workers were willing to cooperate with the introduction of MTM.
2. The introduction of MTM was delayed due to a dispute over proposed shift changes.
3.The 'Towards 2016' increases should be paid with full retrospection.
COMPANY'S ARGUMENTS:
4. 1. Theintroduction of computerised system for monitoring machine performancenormal ongoing change, as provided for in 'Towards 2016'.
2. The Workers' refusal to cooperate under protest with theintroduction of computerised monitoring system for machine performance was unreasonable, and entitled the Company to withhold payment of pay increases due in two phases under 'Towards 2016'.
3.The Company has given a written confirmation that information collected by this computerised system for monitoring machine performance will not be used to discipline Workers.
.
RECOMMENDATION:
Having heard the arguments made by the parties, the Court recommends that MTM be accepted as normal ongoing change, that the 'Towards 2016' increases are implemented with effect from the due dates and that any issues arising from shift changes be addressed at a time when and if such changes are necessary.
Signed on behalf of the Labour Court
Raymond McGee
14th November, 2008______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.