FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GSK, DUNGARVAN (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Lock Out Tag Out (Loto) Work
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 24 October 2018 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 27 March 2019.
UNION’S ARGUMENTS:
3. 1. Maintenance technicians have always and will continue to do maintenance LOTO activities that involve maintenance work only.
2. The Union submits that the maintenance technicians have always accepted the importance of safety improvements and best practice initiatives in the workplace but are disappointed by the Company's decision to place the safety of work colleagues outside of maintenance on the technicians.
3. The Union asserts that the Company is in breach on an agreement made with Unite Union on 12 July 2017.
EMPLOYER'S ARGUMENTS:
4. 1. The Company says that LOTO is an integral component of its Health and Safety strategy and that the maintenance team are the best equipped in terms of skills and experience to ensure that LOTO is correctly implemented.
2. The Company asserts that LOTO work clearly falls with the technician job description both in GSK and in manufacturing generally. It has been carried out by the technician group for years.
3.Thematter was first expressed as a pay claim and the Company does not accept LOTO as a justification for a pay increase.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
This matter concerns a LOTO system in place on the site. The parties are in dispute as regards the operation of the system and specifically as regards who should carry out LOTO work.
The Court notes that the LOTO system is a safety system. The Court will not engage with Health and Safety as an industrial relations matter to be bargained.
In those circumstances the Court recommends that the Health and Safety systems in the plant should be engaged to determine the safest methodology for the operation of LOTO on the site. That determination should include identification, having particular regard to relevant skills and competencies but also having regard to any other relevant safety matter, of the category of staff who should carry out LOTO work with a view to optimising health and safety.
The Court further recommends that the outcome of that process should be implemented in full with the co-operation of both parties. Normal working should continue in the meantime. In the event that any industrial relations issues arise from the implementation of the health and safety determination such issues should be processed through normal industrial relations procedures.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
10 April 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.