Labour Court Database __________________________________________________________________________________ File Number: CD88960 Case Number: LCR12325 Section / Act: S67 Parties: CENTRAL BANK OF IRELAND - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Shift procedures for security guards.
Recommendation:
5. It appears to the Court that the present practice is not in
accordance with the agreement on shift changes.
The Court recommends that the parties meet and agree new rosters
which accurately reflect the numbers of guards available to be
rostered on the various shifts and the Bank's requirements.
The object of this roster should be to minimise the number of
occasions on which changes of shift arise.
Division: CHAIRMAN Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD88960 RECOMMENDATION NO. LCR12325
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CENTRAL BANK OF IRELAND
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Shift procedures for security guards.
BACKGROUND:
2. A particular shift pattern, through which security guards
move, has existed in the Central Bank at Sandyford and Dame Street
for a number of years (details supplied). In March, 1987 an
agreement was drawn up between the Union and the management
concerning change of shift (see Appendix A). A change of shift
means that a man rostered to work a particular shift is required
to work a different shift to provide cover. He subsequently
returns to his normal place in the roster. The 1987 agreement
contains no reference to when management can implement a change of
shift. The Union contends that the understanding at the time was
that a change of shift would only be implemented to cover long
term sick leave or annual leave. Non replacement of staff since
1981 has given rise to a number of vacancies and change of shift
is required to cover for these. The Union contends that this
situation was not envisaged when the agreement was drawn up.
Management contends that the Security Controller can decide when a
change of shift is to occur. The matter was referred to the
conciliation service of the Labour Court on 2nd November, 1988 and
a conciliation conference was held on 5th December, 1988. No
agreement was reached and the following proposal, put forward by
the Industrial Relations Officer, was accepted by both parties:-
"The parties have differing interpretations as to what
was agreed locally in relation to change of shifts.
Pending the outcome of a Labour Court hearing on the
interpretation of the agreement, no employee will be
rostered to work a change of shift to cover a vacancy
without the person's agreement".
The matter was referred to a full hearing of the Court on 16th
December, 1988. A Court hearing took place on 19th January, 1989.
UNION'S ARGUMENTS:
3. 1. When the agreement on change of shift was entered into
in 1987 it was understood that this was to cover for annual
leave and long term sick leave. Custom and practice have
established that only on such occasions does change of shift
occur.
2. Non replacement of staff has brought about a situation
where security guards are being asked to change shift
regularly to provide cover. The 1987 agreement was never
intended to apply in such a situation.
3. Good industrial relations practice would indicate that
management should honour the 1987 agreement.
4. Changes of shift to cover non replacement of staff has
an adverse effect on the domestic and social life of the
security guards.
MANAGEMENT'S ARGUMENTS:
4. 1. The 1987 agreement makes no mention of the type of
absence for which change of shift can be used. The Union, on
2nd April, 1987, accepted these arrangements and they have
been implemented by management since then.
2. The incidence of changes of shift is very low relative
to the amount of absences requiring cover on an overtime
basis. In 1987 changes of shift hours amounted in total to
224 hours while absence cover on overtime amounted to 5,988
hours. In 1988, (the first full year of the change of shift
procedure) change of shift hours amounted to 496 and overtime
hours to cover absences amounted to 5715.
3. Change of shift hours attract a premium of 50% pay
additional to basic pay (including shift differential). Such
changes are substantially more cost effective than overtime
payments in that they reallocate surplus manning to where it
can be most effectively utilised. The Bank contends that the
Union is seeking to further enhance overtime payments.
4. While not used extensively, the change of shift
procedures as agreed in April 1987 is viewed by management as
an integral and important part of its right to determine
absence cover on a cost effective basis. The Bank cannot now
accept any dilution of this right which was achieved following
protracted and costly negotiations over a number of years. It
is management's responsibility to run as cost-efficient an
operation as possible. While representing 6% of total staff
numbers, security staff salaries represented 11% of total
salaries for the year ended 31st December, 1988. Thus,
earnings for an ancillary group of staff constituted almost
double their representation of total staff in the Bank in
1988.
RECOMMENDATION:
5. It appears to the Court that the present practice is not in
accordance with the agreement on shift changes.
The Court recommends that the parties meet and agree new rosters
which accurately reflect the numbers of guards available to be
rostered on the various shifts and the Bank's requirements.
The object of this roster should be to minimise the number of
occasions on which changes of shift arise.
~
Signed on behalf of the Labour Court
John M Horgan
--------------
21st March, 1989. Chairman
A.K./U.S.
APPENDIX A
CHANGE OF SHIFT PROCEDURE
Dame Street | Sandyford
|
Shifts to be changed from: Mon/Fri 0900 - 1700 | Mon/Fri 0800 - 1600
Mon/Wed 0800 - 1600 | Mon/Fri 0900 - 1700
Thu/Fri 0800 - 1600 | Mon/Wed 0800 - 1600
| Thu/Fri 0800 - 1600
|
to : Tue/Sat 0000 - 0800 | Tue/Sat 0000 - 0800
Mon 1600 - 2400 | Mon 1600 - 2400
Tue/Fri 1600 - 2400 | Tue/Fri 1600 - 2400
1. At the request of the staff involved, the chief guard will
sanction alternative arrangements arrived at by staff in
cases where (1) the effectiveness of the security service is
not impinged and (2) the cost to the Bank is not greater than
that arising from the initial arrangements.
2. Guards for change of shift duties will be selected in
rotation as they appear on the roster.
3. Shift changes will not normally be utilised on a day to day
basis. Normal utilisation will be for periods of not less
than three days.
4. The Chief guard will give such notice as is practical of a
change of shift. Minimum will be 24 hours.
5. The Bank recognises that changes of shift may interfere with
arrangements made by staff based on their expected roster.
Every effort will be made to facilitate those affected.
6. Change of shift will not be utilised on bank and public
holidays or privilege days.
7. The Bank will ensure, insofar as practical, that change of
shift procedures will be allocated evenly among staff.
8. Subject to review by security controller.
12 March, 1987.