Labour Court Database __________________________________________________________________________________ File Number: CD87474 Case Number: LCR11336 Section / Act: S67 Parties: ABBOTT (I) LTD - and - ITGWU |
Dispute concerning the payment of one days leave taken at Christmas 1986, on behalf of 500 workers.
Recommendation:
5. The Court considers that the Company gave adequate notice of
its intentions for close-down at Christmas 1986. In the light of
the arrangements which were agreed in 1985, the Court considers
that the Company acted reasonably in the situation and accordingly
does not recommend concession of the Union's claim.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87474 THE LABOUR COURT LCR11336
CC87105 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11336
PARTIES: ABBOTT IRELAND LIMITED
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Dispute concerning the payment of one days leave taken at
Christmas 1986, on behalf of 500 workers.
BACKGROUND:
2. The Company which is based in Sligo is one of three
subsidiaries of Abbott Laboratories (an American company based in
Chicago) situated in Ireland. The total number of workers
employed is 1,100 of which 650 are employed in Sligo. The Company
manufactures mainly medical related products. The Company/Union
agreement provides for 20 days' annual leave, 14 of which are
taken during the summer closedown, 4 days' annual leave taken at
the Christmas period and the remaining 2 days taken by agreement
with management subject to work schedules. The latter days are
called floating days. In 1985, as the Christmas public holidays
fell midweek, agreement was reached between the Union and the
Company to close for the Christmas period from Monday 23rd
December, 1985 to 1st January, 1986. i.e. 4 days' annual leave and
3 public holidays. Monday 23rd was a day in lieu of a Saturday
worked prior to the Christmas closedown. In 1986, as a similar
type situation arose, the Company proposed to close for the
Christmas period from 24th December, 1986, to 2nd January, 1987,
factory to re-open on Monday, 5th January, 1987. Friday the 2nd
January, to be taken as an annual leave floating day. A notice to
this effect was posted up by the Company on 22nd September, 1986.
The Union subsequently had a number of meetings with the Company
in early December, 1986 over the Company's proposals. The Company
indicated that they were prepared to consider a similar
arrangement to that of 1985 (work a Saturday in lieu of day off).
No agreement could be reached between the parties on how payment
for the 2nd January, should be made. It was pointed out that some
workers had no floating day's annual leave left to cover the
closedown, and workers were reluctant to work an additional
Saturday so close to Christmas. The Company's other proposals
were not acceptable either i.e.
(1) One day's excused unpaid leave.
(2) Save a sum of money to be paid at Christmas time.
(3) Take one of the floating days from the following years
annual leave entitlement.
The Union's position before Christmas had been to work a six hour
shift on a Saturday in lieu of the day off. The matter was
referred to the conciliation service of the Labour Court on 20th
January, 1987. An invitation to conciliation was issued on 21st
January and a response was received on 5th May, 1987. A
conciliation conference was held on 3rd June, 1987 a date suitable
to both parties. As a resolution was not possible a referral to
the Labour Court for investigation and recommendation was agreed.
A Court hearing was held in Sligo on 14th July, 1987.
Union's agreement:
3. (a) The Company's proposals may appear generous but if any
of the workers had a remaining floating day left in
1986, they could not avail of the options.
(b) The Union has attempted to negotiate some form of
settlement of the dispute, a proposal was put forward
that in consultation with Management, a Saturday would
be nominated as a normal working day, subject to the
Company accepting that the workers would work a six
hour of shift instead of the normal eight hours, and be
paid a normals day's pay. This was rejected by the
Company.
(c) The floating day's are the only flexible days that the
workers have for the year as all other leave is
accounted for in the agreement. These are normally
taken to cover domestic situations. Obviously if the
workers have to take one of these days at a fixed time,
it undermines the purpose for which these days were
intended.
Company's arguments:
4. (i) In 1985 the workers themselves requested that the
Company close on the day in question. An agreement
was reached whereby the workers would work a Saturday
in lieu. As a similar situation faced the Company in
1986, and bearing in mind the workers request from
the previous year, the Company decided to close on
2nd January, 1987, and the workers would take the day
out of their floating days. When it was pointed out
that some workers had no floating days then left, the
Company put forward alternative arrangements. These
arrangements did not suit all the workers, and it was
the workers themselves who could not agree. Under
the circumstances the Company has acted in a fair and
reasonable manner.
(ii) Other groups of workers within the factory accepted
the arrangements as put forward by the Company.
(iii) There has been a downturn in production due to severe
trading difficulties and the Company now has too many
people to complete the work schedule. Despite these
difficulties the Company has not laid off or made
anyone redundant. The pursuance of this sort of
claim does not help the Company in its effort to
secure the jobs of the workers.
RECOMMENDATION:
5. The Court considers that the Company gave adequate notice of
its intentions for close-down at Christmas 1986. In the light of
the arrangements which were agreed in 1985, the Court considers
that the Company acted reasonably in the situation and accordingly
does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
24th_July,_1987.
M. D. / M. F. Deputy Chairman.