Labour Court Database __________________________________________________________________________________ File Number: CD89579 Case Number: LCR12601 Section / Act: S67 Parties: NYPRO LIMITED - and - FEDERATED WORKERS' UNION OF IRELAND |
Restrictions on smoking in the Company.
Recommendation:
5. The Court, having considered the submissions from both
parties, recommends that the Company agree to the Union's proposal
that in addition to the designated area in the canteen the workers
at present in employment be permitted to smoke whilst attending to
personal needs in the toilets area in the old premises. The Court
notes the Union's undertaking that this facility if granted will
not be abused.
Division: Ms Owens Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD89579 RECOMMENDATION NO. LCR12601
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: NYPRO LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Restrictions on smoking in the Company.
BACKGROUND:
2. The Company is located in Bray and is engaged in the
manufacture of plastic products including parts for supply to
manufacturers of medical equipment and healthcare products. In
response to customers in the healthcare sector, the Company has
imposed a ban on smoking in their new plant which is adjacent to
the existing old factory. The Company proposes to allow smoking
only in the canteen (which is located in the old factory building)
during official breaks. Redundancy will be offered to any
employee who feels he cannot comply with the Company's smoking
restrictions. The Union contends that such restrictions are
unduly harsh on workers who were heretofore allowed to smoke
virtually without restriction and that the workers should be
allowed to smoke in an identified area whilst attending to
personal needs. The matter was referred to the conciliation
service of the Labour Court on 1st August, 1989 and as no
agreement was reached at a conference on 25th August, 1989 the
matter was referred, on 30th August, 1989 to a full hearing of the
Labour Court. The hearing took place on 6th October, 1989.
UNION'S ARGUMENTS:
3. 1. The Union has no objection to a ban on smoking in
production areas. However the Company's proposal that the
workers either accept the new restrictions or be made
redundant is unacceptable and unreasonable.
2. Some of the workers have been smoking for years and would
have difficulty giving up smoking. They have been allowed to
smoke virtually without restrictions since the Company was
formed. To expect these workers to smoke only once in the
working day is harsh and unrealistic.
3. 3. The Company must have regard to the major difficulties
that would be experienced by the workers if the smoking
restrictions are imposed. Workers who have been smoking for
very long periods of time should be accommodated in a
reasonable fashion and should not be expected to completely
change their lifestyle and habits in the space of a couple of
months.
4. The fair and reasonable solution to the problem for
workers who want to smoke during the day is to enable them to
smoke in an identified area whilst attending to personal
needs.
COMPANY'S ARGUMENTS:
4. 1. The need for a smoke free environment is in response to
customer requirements and is designed to facilitate the
Company in attracting new business in the healthcare sector.
2. There is no obligation on the Company to make special
concessions for smokers and the Company will not
institutionalise smoking breaks which would be disruptive of
normal work.
3. The provision of a designated smoking area in the canteen
is normal practice in industry and is in line with public
policy in most developed countries.
4. The Company's restrictions on smoking are fair and
reasonable and are necessary in order to make the Company more
competitive for business in the healthcare sector.
RECOMMENDATION:
5. The Court, having considered the submissions from both
parties, recommends that the Company agree to the Union's proposal
that in addition to the designated area in the canteen the workers
at present in employment be permitted to smoke whilst attending to
personal needs in the toilets area in the old premises. The Court
notes the Union's undertaking that this facility if granted will
not be abused.
~
Signed on behalf of the Labour Court,
Evelyn Owens
__19th__October,___1989. ___________________
T. O'D. / M. F. Deputy Chairman