Labour Court Database __________________________________________________________________________________ File Number: CD87259 Case Number: LCR11261 Section / Act: S67 Parties: NET - and - ITGWU |
Claim for the introduction of an on-call roster.
Recommendation:
6. Having considered the submissions made by the parties the
Court accepts the argument made by management that the
establishment of an on call roster is unnecessary in respect of
the operatives making the claim. The Court therefore does not
recommend concession of the Union's claim.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD87259 THE LABOUR COURT LCR11261
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11261
Parties: NITRIGIN EIREANN TEORANTA
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim for the introduction of an on-call roster.
Background:
2. This claim concerns 9 general operatives employed in the
Company's maintenance department at its plant at Marino Point. At
present the Company operates an on-call roster for various
categories of workers. The Union is claiming that this should be
extended to include the general operatives. These workers have a
basic weekly wage of #159.15. The Union has quantified the claim
at a cost of #87 per week, in direct ratio to the payments made to
welders. At present when the general operatives are called out
they are paid a minimum of five hours, car allowance up to a
maximum of 15 miles is also paid and a free meal included if call
out includes a meal break period. The minimum payment at present,
excluding mileage allowance, is #37.00. The Company did not
consider the claim was justified.
3. No agreement was reached through local negotiations and on
25th February, 1987 the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on the 26th March, 1987 but no agreement was reached. On 30th
March, 1987 the case was referred to the Court for investigation
and recommendation. A Labour Court hearing was held on 13th May,
1987 in Cork.
Union's arguments:
4. (i) The general operatives are the only group of workers,
not on shift work, who do not have an on-call roster.
There is blatant discrimination against the workers at
present and this claim should therefore be conceded.
(ii) There has been a significant increase in the number of
calls in recent years. The Union considers that the
increase has been sufficient to warrant the
introduction of an on call roster for these workers.
(iii) The present arrangement is unacceptable to the workers
from both a social and financial point of view. If
there was a roster the workers would be able to plan
their activities both inside and outside work and this
is particularly important in relation to the
geographical position of the plant as most of the
workers operate car pools.
(iv) An on-call roster would give the Company a guaranteed
uninterrupted cover and would eliminate uncertainty on
who would be available when emergencies occur.
(v) The general operatives were called in more than any
other group. Whether these calls were necessary is not
relevant as the workers did not generate that overtime
themselves.
(vi) There was merit in the Union's alternative proposal for
a 12 hour 4 rota shift system on day work with an
agreement on flexibility with the craft group on work
practices to cover in the event of problems arising in
the silent hours but this proposal was rejected by the
Company.
(vii) The claim submitted was for 4 general operatives to be
on call each week, but if the principle were to be
applied then it would have to be on a direct ratio with
the other groups on call. The Union was quite prepared
to negotiate on this particular aspect of the issue.
(viii) The Company's response that a reduction in manning
levels would be necessary before any agreement could be
reached concerning on-call rosters is unacceptable to
the Union.
Company's arguments:
5. (a) The Marino Point factory is a continuous process
operation and as such requires staffing with personnel
of various skills and disciplines to ensure a safe and
efficient operation. It is the responsibility of
management to install the appropriate personnel and
working arrangements to meet the requirements of the
plant.
(b) The provision of a maintenance service to the plants in
the silent hours is achieved by in some cases having
Maintenance personnel on shift and in other cases by
having Maintenance staff on an on-call or standby
roster. A number of factors have to be taken into
account by management when deciding if a service to the
plant in the silent hours is to be made by way of shift
working, on-call or standby arrangements, or on a 'call
as required' system.
(c) In the case of the general operatives service to the
plants, management have considered on a number of
occasions how this can be provided, and are satisfied
that a 'call as required' system is sufficient. Over a
number of years now that has proven adequate, and
management can see no justification for changing to a
more costly arrangement. Management is also satisfied
that the reward package for the operative when called
in is generous by any standards.
(d) Over the last number of years management of this
Company have been working strenuously to reduce
overhead costs, and in particular manpower costs. The
workforce is being reduced considerably via the
redundancy programme and inefficient work practices and
certain payments have been either eliminated or bought
out. The effort to reduce overhead costs must continue
if the Company is to remain viable, and management see
it as inappropriate to now introduce a cost increasing
arrangement which is unnecessary.
RECOMMENDATION:
6. Having considered the submissions made by the parties the
Court accepts the argument made by management that the
establishment of an on call roster is unnecessary in respect of
the operatives making the claim. The Court therefore does not
recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
____________________________
Deputy Chairman
19th June, 1987
T.O'M./J.C.