FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOC GASES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Changes In Work Practices
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to changes to work practices. The Company is introducing Individual Cylinder Control (ICC) which involves the scanning of cylinders on delivery and collection at client premises. The Union contends that this new process is significant change and will undoubtedly impact on the length of the working day and the earnings of the drivers. Management considers the new practices to be normal ongoing change. It has offered to allow and additional 15 minutes per day for the additional duties that will need to be performed.
The dispute was not resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 18th February 2014 in accordance with Section 26(1) of the Industrial Relations Act,1990. A Labour Court hearing took place on 17th April 2014
UNION'S ARGUMENTS:
3 1 The workers consider the introduction of ICC will significantly impact on their earnings and the length of their working day. It is not accepted that the changes to work practices can be considered as normal ongoing change. The Union is seeking a 3% pay increase (Health care and Cryoclean Drivers), pay parity of VCH Drivers with Sure Serve Drivers and a premium payment of one hours overtime at double time for Articulated Drivers for each day they do deliveries.
COMPANY'S ARGUMENTS:
4 1 The Company contends that the introduction of ICC is normal ongoing change and will have minimal impact on the working conditions of the workforce. The Company has agreed to provide 15 minutes additional paid time each day for the carrying out of the additional duties. Management rejects the claim for pay increases as sought by the Union.
RECOMMENDATION:
Having carefully considered the submissions of both parties in this dispute the Court finds that changes sought by the Company come within the scope of normal ongoing change and should be co-operated with by the Union without further condition.
The Court notes however that the introduction of the new work practice may give rise to a reduction in earnings or a lengthening of the working day. These concerns are genuine and such an outcome is not the intention of the Company.
Accordingly the Court further recommends that the Company should agree to protect the earnings and the length of the working day of the workers concerned for a period of three months to ensure no unintended consequences flow from the introduction of the new work methods.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th May 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.