FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KERRY FOODS CHARLEVILLE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. The amalgamation of two cheese-making operations into a single operation.
BACKGROUND:
2. This dispute concerns the amalgamation of two cheese-making units on the Charleville site into a single operation. This will require the introduction of two/three-cycle shift working and some voluntary redundancies. This dispute could not be resolved at local level and was the subject of two Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court. However, on the morning of the hearing the Company informed the Court that if it failed to secure an agreement on the restructuring proposals, it would consider closing the plant.
The Court granted the parties more time to conclude an agreement with the assistance of the LRC. Arising from those discussions, a set of proposals emerged that were recommended for acceptance. However, they were rejected in a ballot of the workers concerned.
The dispute was then referred back to the Labour Court on the 22nd June 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 30th June 2015.
Both sides outlined their respective positions to the Court in the course of the hearing. Both sides made further clarifying submissions after the Hearing. Based on the totality of the information and evidence before it the Court makes the following recommendation in full and final settlement of the issues in dispute.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court recommends that Management offer and the Union accept the following terms of settlement:-
1.The Company will implement 20 voluntary redundancies2.The shift pattern will be subject to business requirements. Initially it will be 3- cycle for the duration of training and it will then be 2-cycle/12-hour shifts. The Company recognises that these changes may present difficulties for a small number of staff. The Company undertakes to consider favourably each such case on its merits with a view to, as far as practicable, making alternative arrangements for the small numbers affected.
3.One "Day" job will be available in the Salt Room.
4.Those employees who have a red-circled shift agreement, and who forego the option of leaving the company on redundancy, will have the option of referring to the Labour Court for arbitration a claim under Section 20(2) of the Industrial Relations Act for compensation in respect of their changed working pattern.
5.Shift premium will remain unchanged for those working shift
6.The existing grading claim will be conceded by the Company with effect from the relevant date in December 2014.
7.The Company acknowledges that it will seek no further concessions, other than the standard commitment to co-operation with normal ongoing change, from these employees in return for the pay round increases under discussion with the various companies on site in accordance with normal practice at that location.
8.The Voluntary Redundancy application will be open with immediate effect.
9.There will be full flexibility to include effective shift handovers and standard rotation pattern during shifts.
10.There will be three breaks of 25, 30 and 25 minutes respectively in the course of each 12-hour shift.
11.The Company acknowledges that it will deploy the recognised Cook on his traditional duties when he is assigned to work in that Department.
12.Recognising the unique circumstances of this case and without precedent, the Company will pay a lead-in payment of €1,000 to all staff that remain in employment and who are required to work under the terms of this Agreement. The lead-in payment will be paid at Christmas 2015.
The Company are seeking and the Union should give one result from both groups affected bythis Recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
JMC______________________
29th July, 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.