AD9671

FULL RECOMMENDATION CD/96/391 APPEAL DECISIONNO.AD9671 (BC205/96) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WATERFORD FOODS - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Employer Member: Worker Member:

SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No. BC205/96 concerning management's proposal to reduce the number of forklift drivers.





BACKGROUND:

2. The dispute before the Court concerns management's proposal to reduce the number of forklift drivers from 4 to 3.5. Local level discussions took place but agreement was not reached and the matter was referred to a Rights Commissioner for investigation and recommendation. On 22nd May, 1996 the Rights Commissioner recommended as follows:-

"In the light of the above my recommendation is that there should be
full co-operation by the Trade Union and its members to the Company's
wishes in the matter and that the best approach to the disputed £100
additional payment is to reach for a compromise position. I therefore
propose that the employer, without precedent and indeed without
prejudice to its own position should make a good will payment in this
instance of £75 per person to the three forklift drivers."

The Rights Commissioner's Recommendation was appealed by the Union to the Labour Court on 1st July, 1996 under Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Waterford on 15th October, 1996.




UNION'S ARGUMENTS:

3. 1. The Union has co-operated fully with management in the reduction of five forklift positions since 1989.

2. The claim at the Rights Commissioner's hearing was for the retention of four forklift drivers. The Union requests the Court to uphold its appeal and recommend that a fourth full-time position be filled.



COMPANY'S ARGUMENTS:

4. 1. Due to the seasonal nature of the business the requirement for a fourth forklift driver in the off-peak period no longer exists.

2. It was the Company's understanding at the Rights Commissioner's hearing that the only difference between the parties was the issue of compensation. Following the Rights Commissioner's hearing the Company indicated that it was prepared to pay £100 as compensation.





DECISION:

The Court has considered all of the issues raised by the parties in their submissions.

The Company's proposal to reduce the forklift activity from four forklifts to 3.5 forklifts all the year round should be accepted and an additional £100 should be paid to each of the workers concerned.

The Court so decides.



Signed on behalf of the Labour Court



Tom McGrath
11th November, 1996______________________
F.B./D.T.Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.