FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LEO PHARMA (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Matters Pertaining To The Management Plan For Future.
BACKGROUND:
2. The Company is seeking to implement changes in work practices and reduce staffing levels in order to secure the future of manufaturing in the Dublin. This particular dispute concerns the Company's intention to reduce the number of fitters and transfer some current fitter work to general operatives.
This 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 21st July, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th February, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company has not made a sustainable case for reducing the number of fitters.
2.It is unacceptable that the Company is seeking to make fitters redundant and replace them with outside contractors.
3.The transfer of some current fitter work is out of the question while a reduction in the number of craft workers is sought.
COMPANY'S ARGUMENTS:
4. 1. Outdated and outmoded work practices are damaging the future of manufacturing the Dublin plant.
2. The Company is under significant pressure from its international parent company to reduce costs to ensure the plant's competitiveness and sustainability.
3.The transfer of some current fitter work to general operatives is common practice in most pharmaceutical companies.
RECOMMENDATION:
Having considered the submissions made by the parties, it is the view of the Court, recognising the state of the industry and the safeguards being offered by the Company, that the Union should proceed as a matter of urgency to conclude an agreement with the Company within one week of the issue of this recommendation on the basis of the plan already put forward. The Court notes, in this context, the Company's clarification that any craftsmen who take temporary redeployment to the general operative group on a red circled basis as an alternative to redundancy, would be the first people to return to craft work in the event of a surge in work.
Signed on behalf of the Labour Court
Raymond McGee
9th March, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.