Up Arrow
 
 
Question Icon
 

Select an option from the dropdown list and press GO

 
Question Icon
 

Select an option from the dropdown list and then press GO

 
 
 

2002

Information Icon Water Mark
Up Arrow

Add to Binder allows you to add Workplace Relations content to your personal binder for viewing or printing later.

Binder icon image Binder

To access your binder, click the Binder link at the top of the page.

 
 

LCR17304

FULL RECOMMENDATION

CD/02/119
RECOMMENDATIONNO.LCR17304
(CC00/277)
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990



PARTIES :
THERMO KING EUROPE
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

AMALGAMATED ENGINEERING AND ELECTRICAL UNION


DIVISION :

Chairman: Mr Flood
Employer Member: Mr Carberry
Worker Member: Mr. Somers
SUBJECT:
1. Grade claim for storesperson.


BACKGROUND:

2. Thermo King designs and manufactures transport temperature control units. It commenced operation in Galway in May, 1976 and employs approximately 550 people.

The claim relates to an upgrade from Grade 6 to Grade 8 for approximately 16 store persons employed in Thermo King. Both the Irish Productivity Centre (IPC) and KPMG Consulting have carried out job evaluations. The Union believes that its members have co-operated with ongoing major change in their work practices and responsibilities but have failed to secure any recognition for these endeavours. The Company believes that work practices amount to no more than ongoing change with new technology.


  • 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 5th March, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Galway on the 16th October, 2002, the earliest date suitable to both parties.
UNION'S ARGUMENTS :3. 1. Store persons co-operated with the introduction of the new work practices.

2. KPMG Consulting was commissioned to conduct an Independent Evaluation Study. The report carried out by KPMG cites certain anomalies in the evaluation process used by the Company and the Union. The Union accepted the KPMG report but believed the concerns highlighted regarding the Thermo King Job Evaluation Model needed to be taken into account.
    • 3. The Union's position is that the "natural break" principle has to be applied after any evaluation, to the points result, to equate the correct grade to it.

    4. The Company has failed to comply with Section 2 of the Terms of Reference on agreed Evaluations.

COMPANY'S ARGUMENTS:

4. 1. National Pay Agreements, including the current Programme for Prosperity and Fairness(PPF) have clauses requiring co-operation with ongoing change.

2. The claim is cost-increasing.

3 There has been no turnover of staff in the Stores Department indicating that labour market rates for similar jobs outside Thermo King are not attractive to Thermo King employees.

4. The Company can agree to develop a new job evaluation system The cautionary note contained in the KPMG report on maintaining internal equity with any job evaluation system is noted by the Company.

5. The Company is willing to set up a modern job evaluation system in agreement with the Union and with the assistance of any outside third party.



RECOMMENDATION:

It is clear from the submissions made during the hearing and indeed by the comments made by Consultants that the present Evaluation Scheme does not meet current requirements.



Having considered the background to this case the Court recommends that the Company take immediate steps to put in position an acceptable Evaluation Scheme, with the objective of having it in position within 12 months. At that time this job should be reviewed.



Signed on behalf of the Labour Court



Finbarr Flood
29th October, 2002______________________
CH/MB.
Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Caroline Hayes, Court Secretary.




 
 
 
 
 
 
 
 
 

Share this page

 
logo-sml
Links|About the Reform Programme|Accessibility|Privacy Policy|Disclaimer|Sitemap

Registered Address: Department of Business, Enterprise and Innovation, O'Brien Road, Carlow