FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WYETH NUTRITIONALS IRELAND - AND - UNITE DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Swipe Card Implementation as Normal Ongoing Change
BACKGROUND:
2. The issue before the Court concerns the implementation of a swipe card system for administrative staff at the Company. In 2009 the Company alerted staff and the Union to the fact that a swipe card system was being introduced for all staff during that year. The Company's reason for the switch from the manual data entry of hours worked to a swipe card system was to ensure accurate recording of attendance by staff and for compliance with Health and Safety and Employment legislation. The administration staff raised concerns regarding the linking of swipe card data to payroll as it was there belief that it would make it impossible to continue the flexible working arrangements that are currently in place.
The 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 21st September, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th May, 2011.
UNION'S ARGUMENTS:
3. 1 The technology around the swipe card system is too limited and rigid in its programmable functions and will negatively impact on agreed flexible working arrangements.
2The Union accepts the principle of the ongoing modernisation and development of business activity and has cooperated with such changes in the Company. The swipe card system cannot be considered normal ongoing change as it makes it practically impossible to continue with the current flexible working arrangements.
3 The staff concerned do not believe that the changes are necessary on Health and Safety grounds as the Company has full details of the entry and exit of each employee through the new swipe card controlled entrance.
COMPANY'S ARGUMENTS:
4. 1 The introduction of the swipe card system is covered under the Towards 2016 agreement. The Company paid in full and in good faith the terms of this agreement in the expectation of cooperation with this normal ongoing change initiative.
2 A substantial amount of time was spent addressing the concerns of staff with the Union. A large number of queries were raised, discussed and responded to in detail. The Company gave a commitment to ensure that no change to existing terms and conditions or flexibilities agreed in an effort to allay staff concerns.
3 The Company must ensure the appropriate payment of salaries and accurate recording of attendance in order to manage staff attendance in an efficient, fair and consistent manner across the site.
RECOMMENDATION:
It is noted that while the Union is not opposed to the use of swipe card per se. Rather, its concern relates to its belief that the proposed system will impact negatively on flexible working arrangements.
It is noted that the system has been accepted by the vast majority of employees in the employment. Moreover, the Court believes that the new system can properly be classified as amounting to normal ongoing change. The Company has paid the terms of the Towards 2016 pay agreement in full and the employees are required, by the terms of that agreement, to cooperate fully with normal ongoing change.
The Court recommends that those associated with this claim should use the system forthwith. However, the system should be carefully monitored over a three month period and if the difficulties anticipated by the Union materialise, they should be addressed locally with a view to having them resolved. If they are not resolved to the satisfaction of those concerned the matter may be referred back to the Court.
Signed on behalf of the Labour Court
Kevin Duffy
13th June, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.