FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : YVES ROCHER MANUFACTURING (IRELAND) TRADING AS GROUPE YVES ROCHER (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. Redundancy selection.
BACKGROUND:
2. There is a history of redundancy and restructuring agreements between the Company and SIPTU that has had the effect of maintaining industrial peace while facilitating the modernisation of the plant and its adaptation to new lines and new machines. As a result of the introduction of a new high speed line in the Packaging Department the Company found it necessary to introduce a new grade of Process Technician. Those jobs were advertised in accordance with Company Union Agreements. In total 11 Process Technicians were appointed at that time. The issue that arises in this case is how that category of staff should be dealt with should a requirement to introduce redundancies into the Packaging Department. The matter could not be resolved at local level and was referred to the LRC in an effort to agree a resolution to the dispute. No resolution was achieved at the LRC and both sides agreed to refer the matter to the Labour Court.
Union Arguments
1. The Union argues that this category of staff cannot be exempted from selection for redundancy. As a consequence it argues that where volunteers for redundancy are not forthcoming workers in this category should be selected for compulsory redundancy as part of the Packaging Department. Where consequent vacancies arise as a result of those redundancies staff from the Packaging Department should be redeployed to those positions.
2. Management cannot treat this category of staff as a distinct group for the purposes of protecting them against downturns in business while also seeking to integrate them back into the Packaging Department, to the detriment of other staff members, when there is no work available for them
3. The Union argues that the skills this group possesses are not significantly different to those that staff employed on other packaging lines possess and accordingly interchangeability should apply when the need for redundancies arises. Such an approach would be consistent with the terms of the Company / Management Union Agreements in place.
Company Arguments
1. This group of workers possess key skills that the Company needs to retain in order to maintain its capacity to adequately respond to changing levels of demand.
2. Agreements with the Trade Union make express provision for the retention of key skills when the need for redundancies arises.
3. The Company is seeking to do no more than apply the terms of those Agreements to this category of staff.
RECOMMENDATION:
Having given careful consideration to the submissions of both parties to this dispute the Court recommends that the Process Technician role be treated as a separate grade in Packaging for the purposes of redundancy and lay-off.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CC______________________
30th October, 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.