Labour Court Database __________________________________________________________________________________ File Number: CD89804 Case Number: LCR12672 Section / Act: S67 Parties: IRISH BISCUITS LTD - and - THE GENERAL UNIONS;A.T.G.W.U./ F.W.U.I./B.F.W.A.U. |
Payment for hours worked (Engineering Helpers) during holiday shut-down.
Recommendation:
5. Having considered the submissions made by the parties the
Court is of the opinion that the interdependence of craft workers
and helpers is such that no sustainable case can be made for the
helpers claim for compensation. The Court does not consider that
the lack of formal consultation with the helpers union
representative constitutes sufficient cause to support the case
particularly in the light of the informal agreement made on behalf
of other general workers not directly working with craftsmen. The
Court therefore does not recommend concession of the Unions'
claim.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD89804 RECOMMENDATION NO. LCR12672
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH BISCUITS LTD
and
THE GENERAL UNIONS
(A.T.G.W.U./F.W.U.I./B.F.W.A.U.)
SUBJECT:
1. Payment for hours worked (Engineering Helpers) during holiday
shut-down.
BACKGROUND:
2. The Company is the operating subsidiary of W & R Jacob Plc.
It manufactures, sells and distributes a range of biscuit
products. There are 950 workers employed in the plant, 40 of whom
are craftsman in six trades. Engineering Helpers who are allied
to the crafts group and are members of the General Unions, are the
subject of this dispute. The Company undertakes an annual
maintenance and cleaning overhaul each year to coincide with the
main factory holiday shut-down. Cleaners, maintenance workers and
helpers are required for the operation. Traditionally their
working week was from 7.00 am - 7.00 pm on weekdays and from 7.00
am - 3.00 pm on Saturday and Sunday. In 1988, the Company and
engineering group agreed on a trial basis, a revised work
schedule. The arrangement which is detailed as follows, was also
acceptable to craft workers and taken up by Engineering Helpers
and hygiene staff (in 1988):-
"It is agreed that for the shutdown period, August 1988, and
on a trial basis only, the following working arrangement
will apply:-
Friday 29 July 7.00 am - 6.00 pm
Saturday 30 July 7.00 am - 3.00 pm
Tuesday/Friday 2/5 August 7.00 am - 6.00 pm
Saturday/Sunday 6/7 August 7.00 am - 3.00 pm
Monday/Friday 8/12 August 7.00 am - 6.00 pm
Breaks
Morning - 9.45 am - 10.00 am
Lunch - 1.00 pm - 1.30 pm
It is also agreed that all engineering personnel working to
6.00 pm will be paid an additional hours pay at overtime
rate (Time + .50). This is in lieu of the afternoon break and
the evening tea break.
The effect of this is that engineering personnel will work
through from 1.30 pm to 6.00 pm without breaks.
I emphasise that this is on a trial basis only and any
abuses by way of taking unofficial breaks in the cloakrooms
or otherwise will make this arrangement unworkable for the
future."
In 1989, the Company advised staff that the 1988 arrangement
should continue to apply to workers involved in the
cleaning/maintenance operation during the August shut-down.
However, the craft group sought to vary the arrangement to allow
for a 5.30 pm finish, with overtime payment to 7.00 pm. As the
Company and craft group failed to reach agreement on a revised
schedule the craft workers reverted to the pre 1988 working
arrangement i.e. 7.00 a.m - 7.00 pm weekdays. Engineering Helpers
continued to work the 1988 arrangement of 7.00 am - 6.00 pm
weekdays with no afternoon or evening tea-breaks. The Company
refused to pay Engineering Helpers for time claimed after 6.00 pm
on the grounds that their purpose is to assist craft workers and
that they are not required if the craft workers are not on duty.
The General Unions claim that all workers with the exception of
Engineering Helpers who worked the 7.00 am - 6.00 pm arrangement
were paid up to 7.00 pm. Engineering Helpers should also be paid
accordingly. The dispute was the subject of a Labour Court
conciliation conference on 17th October, 1989. No agreement was
reached and both parties agreed to a full Court hearing. The
Court investigated the dispute on 27th November, 1989.
UNION'S ARGUMENTS:
3. 1. The arrangement for the 1988 shut-down worked to the
satisfaction of staff and the Company. In 1989, the Company
gave notice to all staff that the same arrangements would
apply during the August '89 shut-down. The General Unions had
no disagreement with the Company on the working arrangement.
They were not party to any discussions on a new claim. If the
Company had a problem with any group which could affect the
pay of the workers concerned with the dispute, they had a duty
to discuss it with the General Unions. No discussions took
place.
2. The craft group arbitrarily decided not to work as per
the agreed system. All other staff worked according to the
arrangement as notified for 1989 i.e. 7.00 am to 6.00 pm with
no afternoon or evening tea-breaks. Engineering Helpers are
the only group of workers who were not paid up to 7.00 pm
because of working the system as agreed.
3. Engineering Helpers were not formally informed that they
must work the pre 1988 arrangement. They worked until 7 pm on
4th and 8th August because of the confusion surrounding the
working arrangement. They then decided to revert to the 6.00
pm finish in order to comply with the Company's instructions
as agreed.
4. One hour's additional pay at the appropriate overtime
rates should be paid to the thirteen Engineering Helpers in
the Helper Section. The total amount involved is
approximately #600.
COMPANY'S ARGUMENTS:
4. 1. The General unions claim that their members complied
with the Company notice on arrangements for the 1989
shut-down. This is factually not correct. Details of
Engineering Helpers clocking out times (supplied to the Court)
shows that, aware of what the reality was on the ground, they
clocked out at 7.00 pm on Friday August 4th and Tuesday August
8th. They then took a collective decision to arbitrarily
adopt a 6.00 pm finish. The Company advised the Engineering
Helpers, through their shop steward, on Wednesday 9th August,
1989, that if they took such an action they would not be paid
for time after their clock-out time of 6.00 pm.
2. Engineering Helpers undertake a range of tasks to assist
craft workers in the Company. Their work arrangements shadow
those of craft workers. An example of this point is - up to
recently all craft groups with the exception of electricians
had arrangements which meant that they would not attend work
on the Saturday of a bank holiday week-end. The General
Unions insisted that the Engineering Helper in the electrical
shop should attend on the bank holiday when electricians were
in. At the same time all other Engineering Helpers stayed out
in line with the practice of other trade groups.
3. The Company cannot accept different groups of workers
arbitrarily deciding on their own finish time. Any such
action could be construed as collective industrial action.
Had the Company formally accepted a 6.00 pm finish for
Engineering Helpers, the craft group could declare that they
could not work after 6.00 pm without helper assistance.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court is of the opinion that the interdependence of craft workers
and helpers is such that no sustainable case can be made for the
helpers claim for compensation. The Court does not consider that
the lack of formal consultation with the helpers union
representative constitutes sufficient cause to support the case
particularly in the light of the informal agreement made on behalf
of other general workers not directly working with craftsmen. The
Court therefore does not recommend concession of the Unions'
claim.
~
Signed on behalf of the Labour Court
John O'Connell
19th December, 1989 ---------------
A.McG/U.S. Deputy Chairman