Labour Court Database __________________________________________________________________________________ File Number: CD90591 Case Number: LCR13121 Section / Act: S67 Parties: LAPPLE IRELAND LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION |
Dispute concerning the introduction of a 39 hour week.
Recommendation:
5. In the light of the submissions made by the parties the Court
takes the view that having regard to the manner in which daily pay
is calculated the Company's computation of a half day for holiday
purposes on Friday is correct. The Court therefore does not
recommend concession of the Union's claim.
Division: Mr O'Connell Mr Keogh Mr Devine
Text of Document__________________________________________________________________
CD90591 RECOMMENDATION NO. LCR13121
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: LAPPLE IRELAND LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL ENGINEERING AND ELECTRICAL TRADE UNION
SUBJECT:
1. Dispute concerning the introduction of a 39 hour week.
BACKGROUND:
2. The 39 hour working week as provided for under the P.N.R.
(Programme for National Recovery) was introduced into the Company
with effect from 1st March, 1990. The normal working day is 8
a.m. to 5 p.m. and the one hour reduction was implemented by way
of a 4 p.m. finish on a Friday. The Unions claim that 4 hours
constitutes a half days annual leave and that if a worker wishes
to take a half days annual leave on a Friday then the worker's
finishing time should be 11 a.m. rather than 12 mid-day as at
present. Alternatively the worker could finish at 12 mid-day
leaving one hour to be taken at a later stage. The Company
rejects the claim and the dispute was referred to the conciliation
service of the Labour Court on 26th March, 1990. A conciliation
conference was held on 8th August, 1990 at which no agreement was
reached and the matter was referred on 9th October, 1990 to the
Labour Court for investigation and recommendation. The Court
investigated the claim on 16th November, 1990.
UNION'S ARGUMENTS:
3. 1. The present position in regard to leave taken on a Friday
is that when a half-day is taken in the morning it amounts to
4 hours off work and when it is taken in the afternoon it
amounts to 3 hours off work. The Unions claim that regardless
of what part of the day the employee takes as leave, the
time-off should amount to four hours.
2. This practice is established in local companies where
annual leave is broken down into hours, i.e. a half day equals
four hours. This system is a fair and equitable way to
operate annual leave on a Friday.
COMPANY'S ARGUMENTS:
4. 1. The reduction in weekly working hours under the P.N.R.
calls for a reduction in weekly hours worked. It does not
call for a reduction in hours worked on a particular day.
Therefore, Fridays must be treated the same as any other day
for annual leave purposes.
2. The mechanics for reducing the weekly hours worked is that
workers take the last working hour off on Fridays. The
arrangement was not intended to change Fridays from being
normal working days. Accordingly, as per practice, should a
worker wish to take a Friday afternoon off, he is required, as
normal, to work from 8.00 a.m. to 12.00 noon. The reduction
in the working week was implemented by the 'Friday mechanism'
but this does not confer special status on hours worked or not
worked on Fridays.
3. Annual leave in the Company has always been expressed in
terms of days off. There is no agreement within the Company
that annual leave can be taken in its equivalent number of
hours.
RECOMMENDATION:
5. In the light of the submissions made by the parties the Court
takes the view that having regard to the manner in which daily pay
is calculated the Company's computation of a half day for holiday
purposes on Friday is correct. The Court therefore does not
recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
19th December, 1990 Deputy Chairman.
A.S./J.C.