LCR15614

FULL RECOMMENDATION CD/97/201 RECOMMENDATIONNO.LCR15614 (CC96/1465) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KRAFT JACOBS SUCHARD (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MARINE, PORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr McGrath Employer Member: Mr Pierce Worker Member: Mr Rorke

SUBJECT:
1. Dispute concerning the disciplinary procedure element of a Company/Union agreement.


BACKGROUND:

2. The dispute concerns 6 workers in the clerical/administration area. The parties have resolved all outstanding issues in relation to a Company/Union agreement with the exception of aspects of the disciplinary procedure. The Company proposes that all warnings, verbal, final, and final written of the procedure would have a life span of 12 months from the date of issue. On completion of 12 months without further incident a worker, subject to the procedure, would revert to the previous level as appropriate i.e. a worker on a final written warning would revert back to a written warning which, in turn, would have a life span of 12 months. The Union rejected the proposals. The issue was referred to the Labour Relations Commission and conciliation conferences were held on the 14th February and 10th April, 1997. Agreement was not possible and the dispute was referred to the Labour Court by the Labour Relations Commission on the 28th April, 1997. A Court hearing was held on the 15th August 1997.


UNION'S ARGUMENTS:

3. 1. The Union rejected the Company proposal because, under its provisions, a worker once involved with the disciplinary procedure would find it almost impossible to get off this 'treadmill'.



2. The Union's proposal is fair, reasonable and in accord with natural justice. It provides that under the disciplinary procedure a warning shall have a life span of 12 months and if a worker completes 12 months without further incident the procedure is terminated. Where a worker is continually in breach of the disciplinary procedure this will be considered as a offence in itself and will be dealt with accordingly.

3. The Union's proposal is in accord with the disciplinary procedures in operation throughout many companies. It is only fair, reasonable and in accordance with natural justice that once a worker serves his/her period of punishment they should start off again with a clean record.


COMPANY'S ARGUMENTS:

4. 1. The Company is agreeable to amend the duration of the life span of the warnings as follows:
6 months - verbal warning
9 months - written warning
9 months - final written warning
This is subject to reversion back to the previous level as appropriate.

2. The Company believes that this compromise is fair and reasonable. There are many companies who now have agreements whose disciplinary procedures are similar to those proposed by the Company in this instance.



RECOMMENDATION:

The Court having considered the oral and written submissions of the parties recommends that the proposal of the union be accepted. "All warnings issued at each level of this procedure shall have a life of twelve (12) months from date of issue. If at any stage of this procedure an employee completes twelve months without further incident the Procedure is terminated. Where an employee is continuously in breach of the Disciplinary Procedure, this will be considered as an offence in itself and will be dealt with accordingly".



Signed on behalf of the Labour Court



Tom McGrath
28th August, 1997______________________
T.O'D./S.G.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.