INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
GLENPATRICK SPRING WATER COMPANY LIMITED
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Changeover and fork-lift allowance.
2. There are two issues involved in the dispute:
Changeover:-the Union made a claim in February, 2005, that its members who were carrying out changeovers should be paid a semi-skilled rate. The Company does not believe that the claim has any merit, and the Union has dropped the claim for an allowance and is now seeking to have an independent study / assessment of those involved in the changeovers.
Forklift drivers:-the Union believes that workers who perform forklift duties perform a skilled role and that a differential should apply between them and general operatives. The Union claims that there are three types of forklift drivers - full-time (dispatch), full-time (non-dispatch) and relief drivers.
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 10th of November, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th of May, 2006, in Limerick.
3. 1.Changeover:the Union believes that the claims in regard to changeover is justified, but it is prepared to accept the outcome of an independent assessor.
2.Forklift drivers:it is the norm that people who are performing a skilled role are rewarded with a differential. The Union is only seeking a pro-rata payment for those who do not perform forklift duties full-time.
4. 1.Changeover:general operatives have been rewarded for participating in the basic changeover procedures (details supplied to the Court). This includes a time-attendance bonus.
2.Forklift drivers:the Company needs three forklift drivers to satisfy its output delivery and they already receive an allowance for additional duties / responsibilities. Workers who substitute for any of the three drivers will receive the full allowance in their stead.
The Court has considered the submissions of the parties and makes the following recommendations.
(a)Changeover:-The Court does not recommend concession of this claim
(b)Fork-lift driving:-The Court recommends the following resolution to the claim as made, by means of allowances which should apply as stated below:-
-full -time fork-lift Driver (Dispatch): €35 p.w.(to include €22 already paid)
-full-time fork-lift Driver (non-Dispatch): €25 p.w.
-other fork-lift Drivers to be paid pro rata as per work done.
Signed on behalf of the Labour Court
31st May 2006.______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.