INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
NESTLE IRELAND LIMITED
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr McHenry
Worker Member: Ms Ni Mhurchu
1. Differential payment for fork-lift drivers (and reliefs).
2. The Union's claim is for a differential rate for 6 fork-lift drivers (plus 2/3 relief drivers) in the Company's plant in Tallaght. At present there is a pay differential of £39.77 per week between the fork-lift drivers and van drivers. The Union is seeking 75% of the differential for the fork-lift drivers.
The claim was first submitted in November, 1997. A number of meetings took place in March and April, 1998. The Company's view was that the claim should be looked at by the Company Grading Committee. The dispute was referred to the Labour Relations Commission and two conciliation conferences took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 8th of February, 1999, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th of May, 1999, the earliest date suitable to the parties.
1. The fork-lift drivers require specialised training and their work requires a higher degree of responsibility than the general operatives.
2. Differential between fork-lift drivers and general operatives are common both in the food industry and warehousing in general.
3. The Company has been promising to set up the Grading Committee for a considerable time but it has still not happened.
1. There is an agreed job evaluation procedure in existence which has been used for a number of years and works well. Points are awarded for the job which is then graded. Rates for the grades are well established between the Company and the Union.
2. The current criteria is to be reviewed. The Union has been invited to participate in setting new criteria, which would be to everybody's advantage.
3. The claim is cost-increasing and contrary to Partnership 2000.
The Court notes the assurance given by the Company in the course of the hearing that a job evaluation exercise in respect of fork-lift truck drivers can be undertaken and completed within a two month period.
In these circumstances, the Court recommends that the Union process its claim in the manner proposed by the Company. Should the results of this exercise indicate that a pay differential is justified, it should be implemented with effect from a current date.
Signed on behalf of the Labour Court
28th May, 1999.______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.