LCR22781

1. Introduction of Pemac System


BACKGROUND:

2. This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 4 January 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 13 June 2023.

Issue: Introduction of PEMAC system

Union Position

• 
  • The proposed new system would involve its members carrying out administrative tasks not previously done by maintenance staff.

  • It is a significant change to existing work practices which will create additional work for these workers.

  • It is not prepared to accept the introduction of the PEMAC system without an increase in its members pay, in recognition of the potential increase in workload.

• 
  • The introduction of the new system does not constitute significant change. The new system will change the way in which work is recorded, by replacing a paper-based system for planned maintenance work and an existing electronic system (an excel spreadsheet) for unplanned interventions.

  • The work of maintenance staff will remain unchanged. There will be no impact on hours of work or earnings or result in a reduction in the number of maintenance staff at the site.

  • Bausch & Lomb is an FDA regulated environment and the same system is in use in other areas of the industry.
  
  
  
  

The Union asserts that the introduction of the new system will result in additional administration tasks for its members that should more appropriately be carried out by other staff. It has no issue with the introduction of the system provided that the work is carried out by non-maintenance workers, or alternatively, that its members are compensated appropriately. The Company says that the workers will continue to carry out the same tasks as they always have done but will use a different means of recording those tasks. In its view the new system represents normal ongoing change, which is encompassed by existing agreements between the parties.

The parties agree that the key point for consideration in this case is whether the proposed changes constitute normal ongoing change.

In previous recommendations this Court has held the concept of normal ongoing change should be understood as involving the use of new systems or methods in providing the same service or undertaking what is essentially the same task. In the Court’s view, the replacement of a paper-based recording system with an electronic system is a new system of undertaking the same task and so cannot be regarded as a significant change in this employment. The Court further notes that the introduction of new system will not impact on any terms or condition of the employment of the union members.

In these circumstances the Court is satisfied that the proposed introduction of a PEMAC asset management system for recording tasks constitutes normal ongoing change. The Court recommends that, in accordance with the current agreement, the Union should accept and cooperate with the introduction of the new system, and the parties should now engage in relation the implementation and operation of that system.

In these circumstances the Court cannot recommend concession of the Union’s claim.

	Signed on behalf of the Labour Court
	Katie Connolly
3 July 2023	______________________
CO'R	Deputy Chairman