FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY FOODS WICKLOW - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Seniority in the Craft Grade
BACKGROUND:
2. This case concerns the issue of seniority within the Company. The parties are in dispute in relation to whether seniority, for situations relating to redundancy or coming off shift, should be based on all experience with the Company or specific experience as qualified Craftspersons.
The Union's position in this dispute is that Craftspersons are being selected on a system of Last In First Out (L.I.F.O.) for redundancy or coming off shift.
It contends that workers who either worked in other areas of the Company or were apprentices in the Company are deemed more senior than certain members of the Craft group. It is the Union's view that Seniority should be based on the actual experience within the craft group and should not include previous experience elsewhere in the Company.
Management's position is that it defines seniority on the basis of the total amont of experience within the Company and not as suggested by the Union.
The dispute was not 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 29th July, 2009. A Labour Court hearing took place on 17th September, 2009.
UNION'S ARGUMENTS:
3 1 It is unacceptable that Management use prior experience as apprentices to determine the seniority of a craftsperson. In practice, an apprentice who has trained in the Company is considered to be more senior than certain craftsperson in situations where redundancies or coming off shift are being sought
2 In practical terms, LIFO should be applied to the least senior craftperson employed in the Technicians Maintenance. Any other classification of LIFO places the Union's members at a distinct disadvantage.
3. There is a significant difference betwen a contract of apprenticeship and a contract of service.
COMPANY'S ARGUMENTS:
4 1 In circumstances where seniority results in redundancies or workers coming off shift, Management consider it appropriate to use all service with the Company when calculating seniority. It would be impractical and impossible, when considering such issues, to consider seniority within a particular Section or Department as overall seniority.
2 The Company has agreed procedures with the Trade Union in relation to flexibilities required in certain circumstances. The Union is attempting to deviate from agreed practices within the Company at a time when protecting jobs is a priority of management.
RECOMMENDATION:
In the view of the Court, seniority within the Craft category (as opposed to seniority for the purpose of the Redundancy Payments Acts and other statutory entitlements) should be calculated with effect from the date on which a worker becomes a registered craftsperson.
The Court recommends.
Signed on behalf of the Labour Court
Raymond McGee
9th October 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.