FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KRAFT FOODS - AND - UNITE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Compensation For Introduction Of Access Control System
BACKGROUND:
2. The matter before the Court concerns the introduction of a new access control system by the Company. Access to the factory floor will be through a turnstile, operated by a swipe card. It is not connected in any way to the clocking-in system. The Unions have raised concerns about the health and Safety of the turnstiles and data protection given the swipe cards will contain a workers photograph and other information. In light of these concerns, the Unions are seeking compensation for using the new access control system. The Company's position is that assurances have been given to the Unions regarding health and safety and data protection matters.
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 27th July, 2011 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23rd September 2011, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1 There are outstanding concerns about in relation to the size and design of the turnstiles.
2 The swipe card will be issued to each worker by the Company and will remain the property of the Company. Each worker will be required to have the swipe card in their possession at all times including bringing it home. This is a major change from current work practice where currently swipe cards are used for clocking in purposes only and remain on site.
3 There are major concerns in relation to the necessity for photo ID's as an integral part of the card. The concern arises out of lost or stolen cards being used in identity theft or fraud.
COMPANY'S ARGUMENTS:
4. 1 The claim for payment for using the new access control system is unjustified. The new requirements are part of ongoing change which any sustainable business needs to be capable of.
2 The photograph on the swipe card is a Company policy and a normal industry standard.
3 The Company has allowed sufficient time for consultations and has engaged fully on modifications to eh system. It now needs to move forward and take the necessary measures to enhance security.
RECOMMENDATION:
The Court recommends that the workers associated with this claim should accept the new system, as modified, on the terms proposed by the Company and should cooperate with its operation.
Having carefully considered the submissions and arguments advanced by the Unions the Court cannot see any justifiable basis upon which it could recommend the payment of compensation. Nor could it recommend that the requirement for photograph identification be deleted.
The operation of the system should be reviewed after it has been in operation for a period of three months. The purpose of this review should be to correct any operational difficulties that become manifest over the review period.
Signed on behalf of the Labour Court
Kevin Duffy
13th October, 2011______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.