Labour Court Database __________________________________________________________________________________ File Number: CD88342 Case Number: LCR11975 Section / Act: S67 Parties: DATA PRODUCTS - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
(a) Early finish on Friday for shift workers. (b) Inclusion of temporary workers in sick pay scheme.
Recommendation:
5. The Court, having considered the submissions from both parties
does not recommend concession of the claim for early finish on
Friday for shift workers.
With regard to a claim for a Sick Pay Scheme for temporary workers
the Court refers the parties to Labour Court Recommendation No.
LCR11974 which deals with the present position of temporary
workers. The Court considers that this item should be included in
the negotiations envisaged in that recommendation.
Division: Ms Owens Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88342 RECOMMENDATION NO. LCR11975
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DATA PRODUCTS
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. (a) Early finish on Friday for shift workers.
(b) Inclusion of temporary workers in sick pay scheme.
BACKGROUND:
2. The Company is engaged in the manufacture and distribution of
computer printers and printer supplies e.g. ribbons, toners etc.
The Company employs 148 general operators, as follows:-
Supplies division
A B C D
Static Shift 8.30am-5pm 5pm-11pm 5pm-1am 12.30am-8.30am
Temporary Workers 1 0 25 8
Permanent Workers 43 9 2 0
__________________________________________
TOTAL 44 9 27 8
Overall total
employed. 88 General operatives (Category 1).
Printer division
60 general operatives, Category 1, employed on day shift only.
In 1986 the Union sought a reduction in the working week of one
hour for dayworkers (from 40 hours to 39). At that time shifts C
and D did not exist. The following agreement was reached:-
" In return for giving up the afternoon teabreak, the
finishing time on Fridays will be 4.00 p.m. for day
workers. The Company agreed to provide tea/coffee
at the workplace.
The effective date of this will be Monday 6th
October, 1986.
In regard to the operation of the early finish on
Friday the following was agreed:
(a) All overtime pay will be based on a 40 hour
week i.e. no increase in the hourly rate of
pay.
(b) Friday will be the recognised short day and
there will be no substitution for this day
under any circumstances.
(c) Evening shift employees will commence work at
3.45 p.m. or 4.00 p.m. on Fridays effective
the same date as the early finish on Friday
for day workers commences. There will be no
reduction in the evening shift working week as
they do not have a break to concede".
In August, 1987 the Company introduced shifts C and D. The Union
sought the extension of the early finish agreement to the workers
on these shifts. It also sought inclusion of temporary workers in
the Company's sick pay scheme. The Company rejected these claims
and the matter was referred on 9th October, 1987, to the
conciliation service of the Labour Court. A conciliation
conference was held on 25th November, 1987. No agreement being
reached, the matter was referred to a full hearing of the Labour
Court. The hearing took place on 2nd June, 1988.
UNION'S ARGUMENTS:
3. 1. The Union recognised that where temporary workers are
employed on short term continuous work or on casual week to
week basis, sick pay entitlement does not normally apply.
However, in this case "temporary" workers have been employed
continuously for periods of up to 2½ years. The Union
contends that the sick pay scheme should apply to temporary
workers once they satisfy the normal 13 week service
requirement.
3. 2. The exclusion of temporary workers from sick pay
entitlement constitutes discrimination against these workers
who perform the same work over the same number of hours as
their permanent colleagues. The Labour Court has upheld the
principle of equal treatment of temporary workers in the past.
Concession of the claim would not cause the Company to incur
significant additional costs.
3. The Company's refusal to extend the early finish on
Fridays to full time shift workers represents an attempt to
"claw back" this concession and has resulted in the creation
of an unsustainable anomaly between night shift workers and
day workers.
4. When considered in the context of previous conditions
established in the Company, the Union rejects management's
contention that the hours of work for night shift employees
are in line with shift working arrangements generally. Shift
workers generally work 2½ hours less than permanent day
workers. In the context of the 39 hour week operated in the
Company the present difference is 1½ hours so that night shift
workers in the Company are worse off than their counterparts
in industry generally. This worsening of conditions for shift
workers is completely at variance with current trends.
COMPANY'S ARGUMENTS:
4. 1. Since the inception of the Dublin business twenty-three
years ago, the Company has been able to offer temporary
contracts of employment to unemployed persons, to help with
shortfalls in production or the filling of short term orders.
In all cases temporary employees enjoy the same rate of pay as
full time workers but are not covered by any of the Company's
benefits schemes. The Company pays temporary employees at the
full starting rate and not as is common a reduced rate of pay.
However, in all temporary contracts the following clause
exists:
" You will not be covered for any of the Dataproducts
benefit plans which are only applicable to our permanent
employees ".
Despite an extremely strong competitive market and price
pressures in the business, the Company over the last couple of
years, continues, where possible, to offer temporary contracts
to unemployed persons. This has been most significant in the
supplies division where business contracts tend to be both
short term and volatile.
4. 2. To change the sick pay element of the conditions would
have major repercussions for other benefits applicable to
permanent employees. It would change the status of temporary
workers and would jeopardise the future of temporary contracts
for unemployed persons and lead to cost decisions being made
either to turn down 'short term' business or contract the
business to another manufacturer.
3. The Company is a long established one in Ireland,
operating in fiercely competitive electronics and computer
supplies markets. In wage discussions in 1986, the Company
agreed to reduce the working week by an hour under very strict
conditions, in effect without any additional cost to the
Company. It was expressly agreed that shift workers were
specifically precluded from this arrangement because of their
different 'conditions of employment'. Shift workers are
exclusively employed in the supplies division which is a low
margin high volume business and in which management is trying
to maintain profitability after a number of years of heavy
losses. At one stage the Company was considering the
possibility of closing this division and has recently laid off
shift workers due to loss of business. At present shift
workers enjoy shorter hours and more favourable conditions
than day workers. The Company cannot concede the Union's
claim for early finish for shift workers especially in the
present commercial environment.
4. The claim for early finish for shift workers was
specifically excluded from discussion in August, 1986.
Concession of the claim would jeopardise the future of shift
work at the Plant and consequently the jobs of some 34
temporary employees.
RECOMMENDATION:
5. The Court, having considered the submissions from both parties
does not recommend concession of the claim for early finish on
Friday for shift workers.
With regard to a claim for a Sick Pay Scheme for temporary workers
the Court refers the parties to Labour Court Recommendation No.
LCR11974 which deals with the present position of temporary
workers. The Court considers that this item should be included in
the negotiations envisaged in that recommendation.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___28th___July,____1988. ___________________
A. K. / M. F. Deputy Chairman