INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
SMURFIT CORRUGATED CASES
(REPRESENTED BY IRISH PRINTING FEDERATION )
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Mr. Somers
1. Lump sum payment for clerical staff.
2. The dispute before the Court concerns a claim by the Union on behalf of clerical staff for a lump sum payment for the introduction of a new computer system called Genesis.
In 1997, the Company and Union signed an Agreement entitled Vision 2000 which covered all aspects of clerical operations. Each worker concerned received a once off payment of £2,500. In 1998, the Company introduced a new computer system called Genesis.
The Union states that Genesis was not mentioned in the 1997 agreement and that the workers concerned should receive a lump sum payment for their co-operation in operating the new system.
The Company states that the workers have already received payment for operating the new system under the 1997 agreement.
The dispute could not be resolved at local level. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 23rd of March, 2000. As agreement was not reached, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st of June, 2000, the earliest date suitable to the parties.
3. 1. The introduction of this type of new technology did not form part of the negotiations for the Vision 2000 agreement.
2. The sum of £2,500 paid to workers in 1997 covered the implementation of Vision 2000 only.
3. The workers concerned should receive a lump sum payment for their co-operation in operating the new system.
4. 1. The workers concerned received £2,500 in 1997 in respect of a number of matters including total co-operation on the introduction and use of all new information technology including new computer systems.
2. This is practically the only change that the workers concerned have been required to make since they received the £2,500 in 1997.
The Court having considered the written and oral submissions made by the parties is satisfied that the introduction of Genesis system is covered by the 1997 Agreement.
However, on the concerns expressed by the Union that a decision in favour of the Company on this matter could be construed as the members having "sold all their negotiating rights on all issues similar to this in future" the Court notes the management acceptance that the 1997 Agreement does not give this Carte Blanche for the future.
Management have stated that it accepted that the 1997 Agreement was not absolute in its terms.
Signed on behalf of the Labour Court
13th June, 2000______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.