FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOLINDEN (TARA MINES) - AND - UNITE TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Proposed Processes Agreement
BACKGROUND:
2. This dispute arose from the Company's decision to introduce new procedures. The New Bolinden Way which commenced in Tara in 2010, set out to improve production and productivity with a view to securing the life of the mine up to 2018. All categories of Workers with the exception of the craft grades accepted the terms of the draft agreement. 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 7thJune 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd July, 2012.
UNIONS' ARGUMENTS:
3 1 As part of the New Bolinden Way it was agreed by the Company that the issue of pay would be dealt with collectively with representatives of all sections/unions. However, the Company proceeded to negotiate with one group and concluded an agreement which dealt with pay and other matters. Therefore the Employer broke its commitment to engage in collective negotiations.
2 The terms of the proposed agreement will have a bigger impact on the Unions' members.
3 The Unions set out their position which they believe is deliverable by management.
COMPANY'S ARGUMENTS:
4 1 All of the unions accepted the option to lower production costs and achieve production targets to extend the life of the mine
2 The Company consulted with the Workers on the new proposed agreement.
- 3. The proposed agreement will secure the immediate future of all employees, it is designed to extend the life of the mine for as long as possible, up to 2018 and possibly beyond.
RECOMMENDATION:
The matter before the Court concerns the impact of on the craft grades represented by UNITE and TEEU, of the Company’s proposals on the processes and initiatives designed to extend the life of the mine into 2018 and possibly beyond. The Company put forward a draft set of proposals entitledCraft Unions/Tara Terms of Agreement 2012-2014; these proposals were rejected by the craft unions involved. The Unions submitted details to the Court of their areas of concern and the Company submitted their response to those concerns.
The Company presented three options to all unions in the plant on how to secure the remaining lifespan of the mine. All unions endorsed Option 1:
Lower production costs and achieve production targets in order to make the existing Life of the Mine plan up to 2018 achievable.
It was against this background that the Company submitted its proposals to the Unions.
The Court has considered the comprehensive written and oral submissions made by both parties. The Court notes that the agreement concluded by the Company with other categories affected by the Company’s proposals was facilitated by an Independent Facilitator. The Court is of the view that in order to ensure that a comprehensive agreement is concluded in respect of the craft workers, the parties should adopt a similar approach in this instance. With this in mind the Court recommends that an Independent Facilitator should be agreed between both sides to bring to conclusion an agreement between the Company and the craft workers on the terms of an agreement for 2012-2014 .
The Court recommends that this process should be completed by no later than 27thJuly 2012.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th July 2012______________________
CRDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.