INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
BEAMISH & CRAWFORD PLC
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. Destruction of ullage.
2. The Company currently employs 150 employees and manufactures and packages in keg and bottles a range of premium brands of beer. In 2002 an upgraded bottling line was introduced which was accommodated in an area previously used to store ullage (returned beer) prior to destruction. The storage and destruction of ullage small pack was shifted to a bottle sorting company in Clonmel with which the Company has a contract.
The Union wrote to the Company in May 2003 having discovered what was happening, highlighting the fact that the Company had issued this work to outside agencies without discussion or agreement.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 11th April, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th December, 2005.
3. 1. The procedure up to May 2003 was that the destruction of ullage small pack took place at the Cork site and was completed by members of this Union.
2. The Company decided to issue the contract for this work without discussions taking place with the Union.
3. The Company cost plan highlighting the efficiencies to be gained by having the ullage destroyed in Clonmel does not stand up to close scrutiny.
4. 1. The Company accepts that it should have communicated prior to the decision to commence the destruction of ullage small pack in Clonmel.
2. The Company does not have adequate space on site to store ullage small pack prior to destruction.
3. Operational efficiencies are achieved by having the bottles sorted in Clonmel and empty bottles returned to South Main Street, Cork on lorries which took full loads on their outbound journey from Cork.
Having considered the submissions of the parties the Court does not believe that a basis exists upon which it could recommend concession of the Union's claim.
The Court recommends accordingly.
Signed on behalf of the Labour Court
10th January, 2006______________________
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.