LCR23044

PARTIES:

DIVISION:

SUBJECT:

General Operator Grade (OBC Floaters) doing like work of similar value to material handlers and seeking the appropriate pay rate.

BACKGROUND:

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 31 July 2024 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 24 September 2024.

RECOMMENDATIOM:

This matter before the Court is a claim by SIPTU on behalf of 10 Production Operators (known as On Board Charging Floaters or OBC Floater) for pay parity with Manual Handlers on the basis that both groups of workers are engaged in like work of similar value. Management rejects the claim.

The company manufactures automotive products for the car industry and has two manufacturing plants based in Abbeyfeale, County Limerick, and Mallow, County Cork.

The work of OBC Floaters involves moving materials to and from production operator stations. They are responsible for ensuring that all waste materials are removed and that production operatives have the necessary components and materials to carry out their roles.

SIPTU asserts that an exercise carried out by the internal onsite engineer in 2022 demonstrates that the role of OBC Floaters is a distinct role to that of production operators. It asserts that the bulk of work carried out by OBC Floaters is material handling work and that there is an overlap in skills and duties between the role of OBC Floater and Material Handlers.

Management asserts that there is no basis to the OBC Floater’s claim for pay parity with Manual Handlers as OBC Floaters are engaged in production operative work which focuses on setting up and replenishing material assigned to production operators. It asserts that the union’s claim is cost-increasing and, if conceded, will give rise to knock-on claims from other groups of production operatives, which will undermine the existing collective pay agreement.

The Court has given careful consideration to the submissions made by both parties at the hearing.

The Court notes that a collective pay agreement concluded in February 2024 specifies that there will be no cost increasing claims for the duration of the agreement, expect those claims currently under the auspices of the Workplace Relations Commission. This dispute is referenced as one such a claim.

The Court further notes that following a conciliation conference in January 2024 management agreed to carry out an analysis of the tasks performed by the OBC Floaters, and the tasks performed by production Material Handlers. The Union does not accept the findings of that analysis. Management asserts that OBC Floaters carry out three tasks in common with a Manual Handlers, whereas SIPTU’s members contends that they have 17 common tasks.

There is fundament disagreement between the parties in relation to the nature of the tasks undertaken by OBC Floaters. The parties acknowledged at the hearing that there had been limited engagement between them to understand the fundamental difference in opinions about the nature of the work undertaken by OBC Floaters and acknowledged that they would benefit from further engagement on that matter.

The Labour Court cannot assist the parties by making a recommendation in relation to a claim for pay parity on the basis that two groups are engaged in work of similar value where there is no shared understanding of the tasks undertaken by those respective groups.

Having regard to all of the circumstances of this dispute, the Court recommends that the parties engage jointly to establish and agree the tasks undertaken by OBC Floaters, with a view to having further discussions, with the assistance of the Workplace Relations Commission, if necessary, to resolve any outstanding matters at that point.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
TH	______________________
01 October 2024	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.