Labour Court Database
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File Number: CD86788
Case Number: LCR10859
Section / Act: S67
Parties: WATERFORD CO-OP - and - ATGWU
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Subject:
Dispute concerning the implementation of a cost effectiveness programme.
Recommendation:
5. The Court, having considered the submissions made by the
parties, recommends that further discussions should take place
between the parties in the context of the Company's proposals for
improved competitiveness. The union should in the course of these
discussions put forward a detailed response to the various
elements of the Company's proposals. The Court further recommends
that these discussions should be concluded by 31st January, 1987.
Division:Text of Document__________________________________________________________________
CD86788 THE LABOUR COURT LCR10859
CC861211 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10859
PARTIES: WATERFORD CO-OPERATIVE SOCIETY
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning the implementation of a cost effectiveness
programme.
Background:
2. Since 1984 the Co-Operative has concluded agreements with
various sections concerning the implementation of a cost
effectiveness programme. However, no agreement has been reached
with approximately one hundred shift workers on the implementation
of this programme. The Company's programme is in the Appendix to
this Recommendation. The parties failed to reach any agreement at
local level on the implementation of the programme. On 21st July,
1986, the matter was referred to the conciliation service of the
Labour Court. A conciliation conference was held on 15th August,
1986, but no agreement was reached. On 15th October, 1986, the
case was referred to the Court for investigation and
recommendation. A Labour Court hearing was held on 22nd October,
1986, in Waterford.
Union's arguments:
3. (i) The main thrust of the Co-operatives proposals involve
the workers concerned and these changes will involve
major changes in work practices and reductions in
manning levels. It is not acceptable to the workers
that the Company should unilaterally impose this
programme.
(ii) It is not correct to state that this matter has been
negotiated extensively with the Union or that the
Union was unwilling to negotiate. The Union will
negotiate on this issue but will not accept an
reduction in earnings being imposed by the Company.
Co-operative's arguments:
4. (a) The Co-operative is in a precarious financial position
at present and must face this situation with no chance
of increasing its level of processing in the immediate
future.
(b) The Co-operative is dependent on E.E.C. support and
must diversify to reduce its dependence on this
support.
(c) It is vital that the Co-operative reduces costs and
eliminates costly restrictive work practices.
(d) Other Societies have taken more serious measures than
the Co-operative is proposing. This programme will
not involve loss of jobs but will put the Co-operative
on an equal footing with competitors.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, recommends that further discussions should take place
between the parties in the context of the Company's proposals for
improved competitiveness. The union should in the course of these
discussions put forward a detailed response to the various
elements of the Company's proposals. The Court further recommends
that these discussions should be concluded by 31st January, 1987.
~
Signed on behalf of the Labour Court
12th December, 1986 Nicholas Fitzgerald
T.O'M./P. Deputy Chairman
APPENDIX 1
RE: IMPROVED COMPETITIVENESS - SHIFT WORK
It is essential that the following changes in work practice are
implemented in order to bring our shift work costs in line with
acceptable standards.
1. Plant Operators
It is the plant operators' duty to operate the plant and as
such he should have no other special privileges involving the
right to come into the plant if work other than the actual
operation of the plant is in progress, with the exception of
the agreement on annual maintenance which is detailed on a
separate agreement.
1.1 Detergents
It is the duty of each plant operator to prepare
detergents and water treatment in the plant under his
control, whether the plant is on production or on wash
up.
1.2 Plus Hours
The payment of Shift Plus Hours will be discontinued and
operators will be expected to cover in an emergency on
overtime rate as is the practice in the industry.
1.3 Mass Relief
Where possible the man on the earlier shift will cover
on overtime the Mass hour for the man who is taking over
from him.
If a 12 hour shift is implemented this may not be
practical and relief should be covered by a small number
of relief people who will be trained to cover a number
of plants.
The idea of the Mass call will be discontinued.
1.4 Meal Allowances
Where an operator has prior notice that he will be
required to work on he will then not qualify for meal
allowance.
1.5 Call Out
The practice of paying operators for call out if they
are required will be discontinued. They will however,
have the opportunity to work on for a minimum of three
hours at the appropriate rate in the plant if their
services are required.
1.6 Where operators arrange to cover for each other, this
should not result in extra cost to the Society.
1.7 Shift Rate
This will only be paid while operators are actually
working shifts.
2. Shift Rota
If the 12 hour shift rota is accepted it will be implemented
along the lines agreed and will operate while plants are in
production on 3 shifts for 7 days. Otherwise, the 8 hour
shift rata (25% premium) will apply.
If an 8 hour shift continues the three shift system will
operate in all plants.
3. Relief Men
Where two relief men are now appointed one relief man will be
transferred into an Emergency Relief Pool.
The people on this pool will continue to command their shift
rate but they will be expected to be flexible for relief and
capable of operating a number of plants. For example, the
spare relief man in Niro 3 and Niro 4 will be expected to
operate any and all of the following plants.
Niro 3, V.D.P. 1, Laguilharre and Niro 4.
The emergency relief group will work in any plant as required
and will work shift if required (For example, in the Mixer).
The Emergency Relief Pool will be run down by natural
wastage.
The remaining relief men in the plants will be entitled to
come into work anywhere on site, as directed, for a half day
on Saturday and half day on Sunday while on 7 day production.
4. Training
Due to the high cost of training, it is essential that
operators once acceptable in a plant will continue to work in
this plant for a minimum period of five years unless they are
required elsewhere.
When trained operators will function or a probationary period
of twelve months and if acceptable will be made permanent
plant operators.
Training will take place during usual working hours and
excluding weekends.
5. Weighbridge
When the weighbridge is fully automated, operators will not
be provided with relief as here to fore.
6. Milk Intake
The milk intake operator will be expected to wash tankers on
the night shift and on the 4 - 12 shift when he has spare
time.
7. Separator Room
The operator in the Separator Room will operate the milko
tester for more efficient operation of the plant.