Labour Court Database __________________________________________________________________________________ File Number: CD89479 Case Number: LCR12521 Section / Act: S67 Parties: STAFFORD MILLER (IRELAND) LIMITED - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of 83 workers for the introduction of a 39 hour week.
Recommendation:
11. In the light of the submissions made by the parties the Court
recommends that the working week be reduced to 39 hours from the
1st of September, that the agreed proposal on staggered meal
breaks in shift be implemented with effect from the same date, and
that the one hour time off on church holidays be discontinued
thereafter.
Should the parties wish, negotiations on the other issues such as
the elimination of the afternoon tea break and attendance/time
keeping bonus should be continued in a different context.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD89479 RECOMMENDATION NO. LCR12521
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: STAFFORD MILLER (IRELAND) LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of 83 workers for the introduction of a 39
hour week.
BACKGROUND:
2. The Company which is located in Dungarvan manufactures dental
care products most of which is exported to Germany. On the 7th
March, 1989 the Union lodged a claim for the introduction of a 39
hour week along with the implementation of the terms of the
Programme for National Recovery (P.N.R.). Following a number of
meetings held at local level it was agreed to implement the terms
of the P.N.R. for a three year period and to pursue the issue of
the introduction of a 39 hour week separately.
4. On the application of a 39 hour week the parties have accepted
that it operate with one hour earlier finishing on Friday.
5. The Company have proposed that the reduced working week be
operated from 1st September, 1989 and that the following changes
be implemented:
- The Company will introduce an attendance/time keeping
bonus of #2,100 per annum in monthly instalments of
#175 paid out as a monthly draw to those with perfect
attendance.
- The Company will increase its contribution to the sick
pay scheme from #1.20 per person per week to #1.70 and
the employees contribution will be reduced from #1.00
to #0.50.
- The one hour time off for church holidays will be
discontinued.
- The afternoon tea-break will be discontinued.
- The morning tea-break to be increased from 10 minutes
to 15 minutes.
- Meal breaks on shift will be staggered. This will
result in the recruitment of 6 part-time employees.
6. Whilst the Union welcomed some of the above proposals it
considered that they should not be linked to the introduction of a
39 hour week. It also considered that some of the changes sought
interfered with basic conditions of employment (i.e. hour off for
mass on church holidays) and that changes in tea-breaks
contravened I.C.T.U. policy on same regarding the introduction of
a 39 hour week. Consequently the Union rejected the Company's
proposals.
7. The Union proposed staggered production breaks, to be taken on
the "tube" and tab" lines (i.e. shift crews to stagger their 10
and 20 minute breaks) with minimum relief cover to allow for
continuous production. Genuine emergencies to be covered as they
arise. The Union contend that the new production time worked
would lead to increased productivity of 4% on these lines (details
supplied to the Court) as well as the employment of 6 part-time
workers..
8. As no agreement was possible at local level the matter was
referred to the conciliation service of the Labour Court on the
19th April, 1989. A conciliation conference was held on 28th
April, 1989. Both parties subsequently consented to a referral to
the Labour Court for investigation and recommendation. A Court
hearing was held in Waterford on the 19th July, 1989.
UNION'S ARGUMENTS:
9. 1. It is I.C.T.U. policy not to concede on tea breaks in
negotiations in respect of the introduction of a 39 hour week,
without loss of earnings and the Union is not prepared to
concede on this issue. Similarly the hour for attendance at
Mass on church holidays has been part and parcel of the
conditions of employment enjoyed by the workers concerned
since the Company commenced production and should not be
altered.
2. To link the proposed attendance time keeping bonus and
changes in the sick pay scheme to the introduction of a 39
hour week is not acceptable to the workers concerned. While
the workers are interested in these proposals they are not
prepared to forego their present conditions of employment in
exchange for them.
3. Under the Terms of the P.N.R. and in respect of I.C.T.U.
policy, the workers have fully complied with the spirit of the
National Agreement, and they are thus fully entitled to have
the 39 hour week introduced without any additional
concessions.
4. The Union's proposals are very positive. They will assure
that not only will productivity be maintained but will
actually be increased (details supplied to the Court).
COMPANY'S ARGUMENTS:
10. 1. The Company's proposal contains benefits for both parties
and is in keeping both with the implementation and the spirit
of the P.N.R. in the private and public sectors.
2. In response to its competitive situation (details supplied
to the Court) the Company must approach this and other cost
issues in a manner which facilitates increased efficiency of
operations.
RECOMMENDATION:
11. In the light of the submissions made by the parties the Court
recommends that the working week be reduced to 39 hours from the
1st of September, that the agreed proposal on staggered meal
breaks in shift be implemented with effect from the same date, and
that the one hour time off on church holidays be discontinued
thereafter.
Should the parties wish, negotiations on the other issues such as
the elimination of the afternoon tea break and attendance/time
keeping bonus should be continued in a different context.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
21st August, 1989 Deputy Chairman
M.D./J.C.