Labour Court Database __________________________________________________________________________________ File Number: CD86797 Case Number: LCR10891 Section / Act: S67 Parties: J.H. ROCHE - and - ITGWU |
Dispute concerning the introduction of a shift system.
Recommendation:
7. The Court has considered the submissions made by the parties
and recommends that the proposals put forward at the Conciliation
Conference in relation to shift work, amended as follows, should
be accepted by the claimants:-
the new (pre-26th round) basic rates for the Mixer the
Cuber and the Packers (2) to be increased to #160, #150
and #140 respectively.
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD86797 THE LABOUR COURT LCR10891
CC861454 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10891
PARTIES: J. H. ROCHE & SONS LIMITED
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Dispute concerning the introduction of a shift system.
Background:
2. This dispute arose during the 26th wage round negotiations in
the Company. It concerns four workers, a Cuber, a Mixer and two
Packers. The 25th wage round agreement terminated for these
workers on 31st May, 1986. The Union lodged a wage claim under
the 26th wage round. Negotiations took place at local level but
the parties did not reach a settlement. During these discussions
the Company made an offer for a wage increase in return for the
introduction of a two shift system for the workers in the period
from December to April end year. The proposed shifts would have
been eight hours' long and the Company offered to pay a shift
premium of 25% of basic pay. The Union rejected the Company's
offer and proposed shift.
3. On 4th September, 1986, these matters were referred to the
conciliation service of the Labour Court. A conciliation
conference was held on 24th September, 1986. Arising from the
discussions at conciliation the parties agreed to recommend the
following proposals for acceptance:-
" A 6% increase for 12 months from the due date (1/6/86) except
for bulk drivers who would receive an increase of #12.00 per
week.
the yardman's rate to be increased by #2.50 per week, with
effect from 1/6/86 and a further #2.50 per week, with effect
from 1/1/87.
the following new basic rates to apply from the time of
commencement of shift working (plus 25% premium):
cuber - #141.54
mixer - #150.80
packer - #131.53
#500.00 compensation to be paid to the cuber and mixer
operators (2) and #200 to the packers (2).
4. The proposals were subsequently rejected by the Union and on
13th October, 1986, the case was referred to the Court for
investigation. However the parties subsequently reached agreement
on all matters with the exception of the dispute concerning the
introduction of the shift system. The Labour Court investigated
this dispute on 11th November, 1986, in Limerick.
Union's arguments:
5. (i) The workers are prepared to accept any realistic
offer made to them. However the Union considers that
the average bonus earnings in recent months were
greater than the figures quoted by the Company.
(ii) The approximate gross overtime earnings of these
workers in the year from April, 1985 to March, 1986
were Cuber #3,000 - Mixer #5,000 - Packers #1,500.
The Company offered to compensate the workers as
follows: Cuber and Mixer #500 each - Packers #200.
This level of compensation is not sufficient.
(iii) The workers consider that the consolidation of the
current basic and average bonus would be inadequate
compensation because their earnings would be
substantially reduced.
(iv) The Union considers that to adequately compensate the
workers the basic rates should be increased as
follows: Cuber #170, Mixer #180 and Packers #160.
In addition the workers should receive a lump sum
compensation payment of #1,000 for the Cuber and
Mixer and #750 for the Packers.
Company's arguments:
6. (a) The Company considers its offer of a shift premium of
25% is fair and reasonable. It proposes to introduce a
shift system for its peak period from Mid-December to
April each year. In recent years overtime has become
excessive during this period.
(b) The introduction of a shift system will avoid excess
stress and lessen the sick absenteeism which has
occurred during and immediately after this period.
(c) The Company considers it was more than reasonable in
agreeing to a wage increase prior to any agreement
having been reached about the shift system.
(d) The figures given by the Union for overtime earnings
are not correct. In the year up to April, 1986 the
overtime earnings were as follows: Cuber #2,867.65,
Mixer #1,591.33, and Packers #1,642.82.
(e) The Company's offer for a 26th wage round increase
would make the Company's rate higher than comparable
firms.
RECOMMENDATION:
7. The Court has considered the submissions made by the parties
and recommends that the proposals put forward at the Conciliation
Conference in relation to shift work, amended as follows, should
be accepted by the claimants:-
the new (pre-26th round) basic rates for the Mixer the
Cuber and the Packers (2) to be increased to #160, #150
and #140 respectively.
~
Signed on behalf of the Labour Court.
Nicholas Fitzgerald
___8th__January,__1987. ______________________
T. O'M. / M. F. Deputy Chairman