FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MSD (BRINNY CORK) (REPRESENTED BY IBEC) - AND - SIPTU DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Interpretation of an agreement - hands-on role of Lead Process Technician.
BACKGROUND:
2. This dispute concerns the interpretation of an agreement between the Company and the Union. 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 1st Augustr, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th November, 2014.
UNION'S ARGUMENTS:
3 1 The Workers have serious concerns about their work being carried out by any other group.
2 The Company's proposals will lead to the Workers' displacement.
3 The Workers want their jobs protected and preserved.
COMPANY'S ARGUMENTS:
4 1 The Union is in breach of an agreement the Company reached with all four Unions.
2 The Company must be allowed the manufacturing flexibility necessary to meet customer demands.
3. The Union's actions are undermining the Company's competitiveness.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court recommends that the parties refer the issues in dispute to the Joint Implementation, Monitoring and Review Committee established under the 2011 Agreement.
In the event that the matter or matters, if any, cannot be resolved by the Committee before the 31stJanuary 2015 the matters outstanding at that time should be referred back to the Court for a definitive Recommendation.
The Court so recommends
Signed on behalf of the Labour Court
Brendan Hayes
21st November, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.