INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
GLANBIA DAIRIES (BALLYTORE)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Pay claim in relation to transfer of Cork Milk Producers (CMP) .
2. The Company is the liquid milk section of Glanbia Consumer Foods Ireland Limited and is based in Ballytore, Co. Kildare. In February, 2005, Glanbia Consumer Foods Ireland purchased the CMP milk brand. The Union claims that the transfer has resulted in extra work for its members and is seeking an additional €40 on basic pay plus a gradual transfer of bonus payments onto basic pay. The Company made an offer of €7.50 on basic, plus €15 to be transferred from bonus to basic pay, plus a €250 lump sum. This was in return for increased flexibility which would lead to the loss of one job by natural wastage. The Union rejected the offer, one of the reasons being that it wanted to have joint negotiations with Glanbia Drogheda - where there was a similar dispute - with the Company but the Company was not agreeable.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 20th of September, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th of November, 2005.
3. 1. The Company's offer was inadequate and should not lead to the loss of one job.
2. 70% of the extra production of CMP products is being processed by Glanbia Ballytore.
4. 1. In 1998 when a comprehensive agreement was signed, the production of milk in Ballytore was 26 million gallons per year. Today the production is 24.5 million gallons.
2. The Company employed six extra staff to deal with the extra volume following the purchase of CMP. This ensured that there was very little change in work for existing staff.
3.The claim is prohibited by Sustaining Progress. The agreement of 1998 committed both parties to flexibility.
Having considered the submissions of the parties the Court recommends as follows:-
- An increase of €10 per week should be applied to basic pay in return for the suppression of one post.
- €25 should be transferred from bonus to basic pay.
The Union told the Court that it is not interested in a once-off lump sum and, accordingly, the Company's previous offer in that regard is subsumed in the modified proposals set out above.
Signed on behalf of the Labour Court
28th November, 2005______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.