Labour Court Database __________________________________________________________________________________ File Number: CD87764 Case Number: LCR11959 Section / Act: S67 Parties: CARROLL TOBACCO COMPANY LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 7 packing machine mechanics for loss of overtime earnings.
Recommendation:
5. The Court, having considered the submissions made by the
parties, does not recommend concession of the claim.
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87764 RECOMMENDATION NO. LCR11959
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CARROLL TOBACCO COMPANY LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 7 packing machine mechanics
for loss of overtime earnings.
BACKGROUND:
2. The workers concerned are employed on a 2 shift (7 a.m. to 3
p.m. and 3 p.m. to 11 p.m. alternating weekly) operation. The
Union claims that since the mid-seventies the early shift would
report on Saturdays when a minimum of 4.75 hours overtime was
available. A somewhat similar arrangement was also in operation
in respect to Saturday overtime for leading operators attached to
the cigarette making room. Overtime was reduced in 1984, as a
result of a downturn in business. In February, 1985, a Rights
Commissioner recommended that the leading operators be awarded
#2,500 compensation for the loss of Saturday overtime. The Union
claims that the packing machine mechanics are in a comparable
situation and should be compensated along the same formula. The
Company maintains that there is no guarantee of overtime for this
grade, there is no comparison between the case of the machine
mechanics and the leading operators and that the reduction in
Saturday overtime is a direct result of a downturn in business,
therefore compensation is not warranted. As agreement could not
be reached at local level the matter was referred to the
Conciliation Service of the Labour Court on 2nd June, 1987. No
agreement was reached at a conciliation conference held on 14th
July, 1987, and the matter was referred to the Labour Court on
30th October, 1987, for investigation and recommendation. A Court
hearing took place on 8th June, 1988, in Dundalk.
UNION'S ARGUMENTS:
3. 1. The Rights Commissioner's recommendation vindicates the
machine mechanics claim in full. This recommendation embodied
compensation for the loss of overtime based on attendance
every Saturday for 4.75 hours.
2. On the basis of this settlement the Court should accept
and acknowledge that a clear pattern has been established for
the resolution of this claim. The machine mechanics have
suffered the same loss and should be compensated similarly.
COMPANY'S ARGUMENTS:
4. 1. The reduction of overtime is a direct result of a downturn
in business. There is no agreement guaranteeing overtime to
the machine mechanics. In fact, it was specifically stated in
1978, that overtime would not be guaranteed.
2. No comparison exists between the case of the machine
mechanics and the leading operators, which is the sole basis
of the Union's claim.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, does not recommend concession of the claim.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
__________________________
20th July, 1988. Deputy Chairman
B.O'N./J.C.