FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GLANBIA BALLITORE, CO KILDARE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. (1) Shift Specific Overtime (2) Regular Overtime Buy-out (3) Productivity Payment (4) Lump Sum.
BACKGROUND:
2. The Ballitore Plant in Co. Kildare is one of two remaining liquid milk manufacturing plants within the Glanbia Consumer Foods Ireland (CFI) group the other being in Drogheda. A programme of change was proposed by Management in order to reduce costs and make the Company more competitive in order to secure its future.
Agreement was reached between Management and Unions at a number of Conciliation Conferences under the auspices of the Labour Relations Commission with the exception of four issues which are still in dispute.
As agreement was not reached, the four disputed issues were referred to the Labour Court on the 27th February, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 22nd May, 2009.
UNION'S ARGUMENTS:
3. 1. Full-time Workers should be given the first opportunity to avail of overtime on their day off regardless of their shift pattern.
2. Regular rostered overtime is part of the Worker's contract at various grades and should be "Red Circled" in order to safeguard their earnings.
3.The Productivity Payment should be transferred into the plant operatives basic pay structure as was promised in May 2009 by Management.
4. A gross lump sum payment of €10,000 per Worker is fair and reasonable as compensation in return for the substantial changes in work practices to date.
COMPANY'S ARGUMENTS
4. 1. To allow full-time Workers to 'jump shifts' to avail of overtime would automatically mean incurring additional costs as standard overtime rates would apply. The Company would be willing however, to pay a flat rate when they are working their opposite shift on their day off.
2. The regular rostered overtime should be subject to the agreed formula of 1.5 times the established loss and this practice should continue.
3.The Company is seeking to have the Productivity Payment phased in equal amounts over the next four years as agreed in the Drogheda plant and this would become pensionable in respect of future service.
4. Any movement beyond the agreed gross lump sum payment for change which amounts to €3,750 and which was paid in Drogheda, Belgard and Fonthill plants would have serious knock-on effects.
RECOMMENDATION:
The Court has carefully considered the submissions of the parties in this case. It is clear to the Court that the proposal put forward by the Company on the outstanding issues are in line with the terms of settlement on similar issues agreed elsewhere in the organisation. The Court cannot see a basis upon which it could hold that the circumstances pertaining in this case are such as to justify a different approach.
Accordingly, the Court recommends that the position of the Company, as contained in its submission to the Court, be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
10th June, 2009______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.