FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KRAFT FOODS IRELAND - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Introduction of an access control system.
BACKGROUND:
2. This dispute arose from the Company's decision to install new fencing and turnstiles to improve security. 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 6th December, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th February, 2012.
UNION'S ARGUMENTS:
3 1 The Workers were never consulted on the design of the system.
2 It is inevitable that the new fencing and turnstiles will cause delays which will lead to the Workers clocking-in late.
3 Connecting the clocking-in system with the new access system is the logical solution to this problem.
COMPANY'S ARGUMENTS:
4 1 The Company has a duty to improve personal, physical and product security at the site.
2 The Company consulted with the Workers, in so far as practicable, on modifications on the system.
3. The Workers' concerns can be dealt with as part of the review which will take place after the system has been operating for three months.
RECOMMENDATION:
The Union’s claim on behalf of electricians employed by the Company concerns the introduction of a new access control system. The Union sought the installation of an extra turnstile at the K/C block end of the car park in order to prevent possible delays with the system when Workers are entering and exiting the plant. This was rejected by the Company who stated that consideration had already been given to the idea but it had been declined. It also stated that it was rejected on the basis of the extra costs involved.
In line with that recommended by the Court for other Workers in the plant, the Court recommends that the Workers associated with this claim should accept the new system on the terms proposed by the Company and should co-operate with its operation. Furthermore, the Court recommends that the Company should deal sensitively with any difficulties encountered by staff arising from the operation of the system in the initial stage of its operation and Workers should not be penalised due to late attendance arising from mechanical or electrical failures of the system.
The Court recommends that 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.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st February, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.