INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Inclusion of production cleaners in grade review.
2. The Company was established in Killarney in 1958. It is involved in the construction and installation of container and harbour cranes. It employs four hundred and eighty workers.
The issue before the Court concerns a claim by the Union on behalf of ten production cleaners to be re-graded to Grade 4 semi-skilled workers. The Company rejects the claim.
The issue was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 30th of May, 2001. As agreement was not reached, the dispute was referred to the Labour Court on the 23rd of July, 2001 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th of October, 2001.
3. 1. There is a six to eight week training period and leading in allowance for any person taking up the position of production cleaner.
2. A large number of skills are required for the job.
3. Grade 3 relates to unskilled machine operators and grade 4 relates to semi-skilled workers. The workers concerned should be re-graded to Grade 4 semi-skilled workers given the period of training and the skills required for the position.
4. 1. The Company does not require any previous experience, skill or qualifications from applicants for this position. No formal training is required apart from some on-the-job instructions.
2. The skills required of production cleaners are substantially less than and differ from those required of jobs graded as semi-skilled.
3. The claim cannot be conceded as it would give rise to knock-on claims from other employees in the Company.
Having considered the submissions of the parties, the Court does not consider that a sound basis exists for the Union's claim. Accordingly, the Court does not recommend its concession.
Signed on behalf of the Labour Court
15th November, 2001______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.