Labour Court Database __________________________________________________________________________________ File Number: CD90210 Case Number: LCR12968 Section / Act: S67 Parties: MIDLAND INTERNATIONAL LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the finishing time of two drivers.
Recommendation:
5. The Court has considered the submissions of the parties and
does not find grounds for concession of the Union's claim and
accordingly rejects it.
Division: MrMcGrath Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD90210 RECOMMENDATION NO. LCR12968
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MIDLAND INTERNATIONAL LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the finishing time of two drivers.
BACKGROUND:
2. In November, 1986 Management and the Union agreed that
production workers at the factory would have an earlier finishing
time of 4.30 p.m. Monday to Thursday and 3.30 p.m. on Friday.
This was done by abolishing a ten minute afternoon tea break and
reducing the lunch break from 45 minutes to 30 minutes. The
workers concerned who are drivers finish at 5 p.m. Monday to
Thursday and 4 p.m. on Friday. The Union is claiming that the two
drivers should enjoy the same finishing time as production staff
on day work. Management has rejected the claim. Local
discussions failed to resolve the issue which was referred to the
conciliation service of the Labour Court on the 13th March, 1990.
A conciliation conference was held on the 10th April, 1990 but no
agreement was reached. The dispute was referred to the Labour
Court on the 27th April, 1990. A Court hearing was held in Cavan
on the 17th July, 1990.
UNION'S ARGUMENTS:
3. 1. Prior to November, 1986 the drivers enjoyed the exact same
hours of work as indoor day workers and the Union has
endeavoured without success to have the Company's agreement to
restore this position. The drivers are quite willing to
reduce their break times to achieve the same hours as
production staff.
2. In theory the drivers have the required breaks but in
reality they are rarely if ever taken. In common with all
delivery people on the road the clock dictates the pattern of
the drivers' work. Deliveries have to be made within the
limitations of stores' trading hours and if drivers rigidly
adhered to breaks permitted, many deliveries would not be
achieved.
3. The Company is resisting the claim because the earlier
finishing time would entitle the drivers to an additional 30
minutes overtime. The majority of production staff would not
work overtime after finishing each day but drivers would
almost certainly be out on the road at normal finishing time
be it 4.30 or 5.00 p.m.
4. As the custom and practice for fifteen years provided for
identical hours of work there is no valid reason now for
departing from that arrangement. There are only two drivers
involved so the additional cost to the Company is minimal.
COMPANY'S ARGUMENTS:
4. 1. The difference in the hours worked by production employees
and drivers has been in place since November, 1986. At that
time it was agreed between Management and Union that the more
efficient running of machines in the plant and the reduction
in energy costs in winter months merited the earlier finishing
times for production staff. The new hours were to apply to
production staff only, not drivers. Management has maintained
this position.
2. The terms and conditions of employment applying to drivers
are different to those of factory workers. For example under
E.C. Road Transport Regulations regular breaks must be taken
by drivers in the interests of road safety. In compliance
with these regulations the drivers are required to take three
breaks in the working day during the maximum period of
continuous driving.
RECOMMENDATION:
5. The Court has considered the submissions of the parties and
does not find grounds for concession of the Union's claim and
accordingly rejects it.
~
Signed on behalf of the Labour Court
Tom McGrath
_____________________________
1st August, 1990. Deputy Chairman
T.O'D./J.C.