Labour Court Database
__________________________________________________________________________________
File Number: CD90358
Case Number: LCR12937
Section / Act: S67
Parties: GATEAUX (IRELAND) LIMITED - and - BAKERY AND FOOD WORKERS AMALGAMATED UNION
|
Subject:
Redundancy.
Recommendation:
The recommendation in this case is too long for the Recommendation
Field of the Database. It is held in the Document Field.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD90358 RECOMMENDATION NO. LCR12937
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 18
PARTIES: GATEAUX (IRELAND) LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
BAKERY AND FOOD WORKERS AMALGAMATED UNION
SUBJECT:
1. Redundancy.
BACKGROUND:
2. Following an investigation into this dispute on the 27th and
28th June, 1990 the Court sets out its recommendation hereunder.
*RECOMMENDATION:
3. The Court, following a number of meetings with representatives
of the Company and the Union, has fully considered the issues in
dispute and makes the following recommendations as a basis for a
resumption of normal working and a procedure for the resolution of
all other outstanding issues.
The Court, in making these recommendations, is fully cognisant of
the serious situation that currently exists in the Company and the
need to urgently address the problems outlined as quickly as
possible, to protect the future of the Company and the employment
of the workers. The Court during the discussions has perceived
that there is an urgent need to improve relationships between the
parties if the above is to be achieved.
The Court calls on both parties in the light of the circumstances
to accept the recommendations as a basis for a resolution to the
dispute; to arrange an orderly resumption of work and for normal
working to be resumed without any victimisation by either party.
Recommendation of the Court
(1) That the workers dismissed be returned to the payroll with
effect from the date of dismissal pending the outcome of the
procedures outlined below.
(2) Manning Proposals
That the manning levels as proposed by the Company in their
letter of 13th June, 1990 be the subject of immediate
discussions between the parties in an endeavour to reach
agreement.
That any issue in respect of these proposals on which
agreement cannot be reached be referred to an agreed
Industrial Engineer for a decision; the decision to be made
available to the parties on or before 20th July, 1990 and the
decision of the Industrial Engineer be accepted by both
parties.
(3) Other Proposals
That any proposals other than those in respect of manning put
forward by the Company in their letter of 13th June, 1990 be
the subject of immediate discussions between the parties with
a view to reaching agreement on or before 16th July, 1990.
That any issues still outstanding at that date be referred to
a full hearing of the Labour Court to be held on 20th July,
1990.
(4) Plant Speeds - Swiss Roll Plant
(a) The Swiss Roll Plant to run at a rate of 80 rolls per
minute.
The working of the plant to be examined by an Industrial
Engineer and his findings to be accepted by both parties.
Log Plant
(b) (i) That the Log Straighteners be reclassified;
(ii) that the issues in respect of the log plant speed
be the subject of a Labour Court hearing which shall
be heard on 20th July, 1990; the recommendation of
the Court to be accepted by both parties.
(5) Redundancies
The proposals of the Company seek a number of redundancies.
It is recommended in the first instance that there be 5
redundancies (No. 1 Branch) on a voluntary basis to take
effect prior to resumption of work.
In respect of any redundancies effected under the Company's
proposals the following to apply.
(1) All redundancies to be effected on a voluntary basis.
(2) The Company to pay 4 times statutory entitlements per
year of service (to include statutory entitlements).
(3) The Pension rights of redundant workers to be frozen and
to be made payable from normal retirement date.
In respect of the above it is noted that on resumption of work
the union will ensure arrangements are made to have all
necessary work covered.
(6) Structured Overtime
From the resumption of normal working, overtime will be worked
at the discretion of management.
Recognising that structured overtime has been worked in the
following areas,
(1) Weighup
(2) Service Area
(3) Despatch
those working structured overtime in these areas will be
compensated for loss of earnings as follows;
(1) They will be paid a lump sum of #200 on account on
1st September, 1990,
(2) 52 weeks' loss of earnings including the payment at
(1) above calculated as follows:-
the difference between the overtime earnings
during the 52 weeks prior to the date of the
dispute and the 52 weeks following the date of
resumption of work.
The Court earnestly requests the parties to use the above
framework to resolve their differences and create a climate
which will secure the future of the Company and the employment
of the workers and develop and maintain co-operative
relations.
RECOMMENDATION:
The recommendation in this case is too long for the Recommendation
Field of the Database. It is held in the Document Field.
~
Signed on behalf of the Labour Court
Tom McGrath
________________________
29th June, 1990. Deputy Chairman
T.O'D./J.C.