FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD NA M�NA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. New standards for Rail-laying Operatives.
BACKGROUND:
2. The Feedstock business produces peat for three Power Stations, two Peat Briquette factories and compost products for the Horticulture Industry worldwide. Due to a number of challenges expected to face the sector in the very near future the Company proposed new cost-saving standards for Rail-laying Operatives. Following the failure to reach agreement with the Union the Company introduced the new standards in April 2013 and the Rail-laying Operatives have since continued to work the new system under protest.
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 16th October, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th December, 2013.
UNION'S ARGUMENTS:
3. 1. The Workers reject the new standards on the grounds that since their introduction they have suffered a considerable loss in earnings.
2. The Union's intention was to reach a collective agreement with Management which was to be put to a ballot of members. However, all observations put forward by the Union were ignored by Management.
COMPANY'S ARGUMENTS:
4. 1. Inconsistent work practices and procedures have evolved over many years. Equipment and technology have improved without any consequential adjustments to working standards. This is not sustainable in light of expected future stiff competition.
2. The revised standards will still allow for potential earnings to be well ahead of the average earning of General Operatives within the Company.
RECOMMENDATION:
The Court cannot see any basis upon which it could hold that revised standards introduced by the Company are inappropriate. The Court is, however, satisfied that the changes in the standards and in the operating methods used in rail-laying will lead to increased efficiency and improved productivity. In these circumstances some benefit from these improvements should accrue to the Workers concerned.
In all the circumstances of this case the Court recommends that the changes introduced by the Company should be accepted. In consideration of full acceptance of, and cooperation with these changes the Company should continue the 15% allowance currently payable.
Signed on behalf of the Labour Court
Kevin Duffy
11th December, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.