FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MONDELEZ IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Restructuring/Rationalisation
BACKGROUND:
2. This dispute concerns a claim for Restructuring/Rationalisation. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 26th January, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st April, 2016.
UNION'S ARGUMENTS:
3 1The Company proposal is un-workable.
2The Union does not accept that jobs should be lost and that workers be made redundant.
3. Revised proposals produced by the company were supported by a document from an external consultant. It suggests further dialogue between both sides to try and achieve a viable solution. The Union is prepared to enter such dialogue in good faith and asks the Court to so recommend.
EMPLOYER'S ARGUMENTS:
4 1The Company has engaged in extensive local discussion with the Union on all matters.
2. The final proposals are the minimum required to address the competitiveness challenges that the site faces. They have been independently verified as being more than adequate for the volume that the site will be required to make it into the future.
3. No purpose will be served by further discussions between the parties.
RECOMMENDATION:
The Court has given careful consideration to the submissions of both parties to this dispute.
The Court recommends that the parties engage with a view to providing the Union with an opportunity to identify ongoing savings of circa €500,000 per annum. Should the parties fail to reach agreement on such savings within a period of three weeks from the date of this Recommendation the Court further recommends that the union co-operate with the Company’s proposals and agree the voluntary reductions in staff numbers and engage with management on the optimum arrangements for operating the facility with the reduced staffing levels.
Should the parties fail to agree on the details of those proposals they should within six weeks refer all outstanding issues back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CO'R______________________
9th May, 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.