Labour Court Database __________________________________________________________________________________ File Number: CD89850 Case Number: LCR12725 Section / Act: S67 Parties: BORD NA MONA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union concerning: (a) compensation for loss of shift premium for 65 shift workers and, (b) compensation for use of new technology for 35 drivers.
Recommendation:
9. The Court having fully considered the submissions of the
parties find as follows:-
(a) Claim for compensation to shift workers
Without prejudice to the outcome of the discussions
intimated by the Union in their submission the Court
recommends in the interest of maintaining good relations
that an ex gratia payment be made to the workers
concerned of an amount equivalent to one weeks shift
premium.
(b) Claim for compensation for new technology
The Court does not find grounds for concession of the
Union's claim.
Division: MrMcGrath Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD89850 RECOMMENDATION NO. LCR12725
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BORD NA MONA
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union concerning:
(a) compensation for loss of shift premium for 65 shift
workers and,
(b) compensation for use of new technology for 35 drivers.
GENERAL BACKGROUND:
2. As the above claims were rejected by Management at direct
negotiations the Union, on 21st September, 1989, referred the
disputes to the conciliation service of the Labour Court. No
agreement was reached at a conciliation conference held on 10th
November, 1989, and the disputes were referred to the Labour Court
on 14th November, 1989, for investigation and recommendation. The
Court investigated the disputes on 9th January, 1990.
CLAIM (A) - Compensation for loss of shift premium
BACKGROUND:
3. The claim concerns shift workers employed in the Moss Peat
plants at Kilberry and Cuil Na Mona. In August, 1989, the Bord
decided to stop production due to a fall off in demand. The
Kilberry plant was shut down for 6 weeks and the Cuil Na Mona
plant was shut down for 5 weeks. The shift workers were
re-deployed to day work duties. For the first 3 weeks of day
duties they continued to receive their shift premia but not for
the remaining weeks on day duty. The Union claimed that this
represented a cut in their regular basic weekly pay and that the
shift premium should be paid for the full period spent on day
duties.
UNION'S ARGUMENTS:
4. 1. Given the regularity with which shift work operates in the
plants and the continuous payment of shift premium to the
workers concerned, (over 10 years in most cases), the
Company's decision to cease its payment for the short period
involved is unreasonable and unfair.
2. Continuous shift workers employed at the Bord's Peat
Briquette plants continue to receive shift payment for a
period of 8 weeks when they are not on shift.
BORD'S ARGUMENTS:
5. 1. The Moss Peat factories usually operate a 2 cycle shift
system. Each of the factories have 7 bagging presses each
requiring an operator. The number in use at any time varies
from 4 to 7 depending on the product mix required and sales
level. As a result the number of operators on shift varies.
Surplus workers are employed on bog work during those periods.
2. Up to 1989, operators in Moss Peat plants retained their
shift premia until the end of the wages week when they came
off shift work. This is the standard practice for two and
three cycle shift workers throughout the Company. In
February, 1989, the Works Manager at Kilberry made a local
agreement to pay regular shift operators the shift premium for
up to 3 weeks on occasions when they had to revert to day
work. This agreement was operated in August, 1989, when
circumstances occasioned a shut down of the plant. The Works
Manager at Cuil Na Mona conceded a similar arrangement in
August, 1989, following a local claim based on the precedent
set in Kilberry.
3. The re-deployment to day work was caused by a downturn in
sales. Workers would have been laid off except for the fact
that bog work was available. In these circumstances the
concession to retain the shift premium for 3 weeks after
coming off shift is fair and reasonable.
CLAIM (B) - Compensation for use of new technology
BACKGROUND:
5. During 1989, the Bord introduced a new self service automated
petrol/diesel dispensing system. The system is self recording
both as regards the type, quantity and to which vehicle it was
issued. The driver operates the system by means of a personal
card and a code number. The fuel dispensed is automatically
recorded against the vehicle. Under the old system fuel was
dispensed by a stores issuer, who manually filled the tanks
and was also responsible for certifying the amount of fuel
issued to each vehicle. The stores issuer was more or less
fully occupied on this job. The Union has claimed a once-off
payment of #500 net for each driver, for the additional work
and responsibility of operating the system.
UNION'S ARGUMENTS:
7. 1. The Union's claim is based on the grounds of the on-going
savings that will accrue to the Bord through the operation of
the automatic fuel dispenser and the elimination of the stores
issuer function. These are estimated at approximately #10,000
per annum. The drivers will not only have extra work as a
result of the new system, they will also have the added
responsibility of holding a personal card key and code number
for operating the system.
COMPANY'S ARGUMENTS:
8. 1. The new system does not alter the driver's responsibility
for the fuel dispensed, nor does it add any responsibility for
the stocks of fuel.
2. The future viability and survival of the Bord rests in the
ability to update systems and introduce new practices. Staff
have been fully briefed on this necessity and have generally
accepted it. The fact that this particular change, which is a
minor one, has been facilitated through new technology does
not mean that it is different from other changes that have
taken place over the last year. All such changes are regarded
as normal ongoing changes recognised under all National Wage
Agreements.
RECOMMENDATION:
9. The Court having fully considered the submissions of the
parties find as follows:-
(a) Claim for compensation to shift workers
Without prejudice to the outcome of the discussions
intimated by the Union in their submission the Court
recommends in the interest of maintaining good relations
that an ex gratia payment be made to the workers
concerned of an amount equivalent to one weeks shift
premium.
(b) Claim for compensation for new technology
The Court does not find grounds for concession of the
Union's claim.
~
Signed on behalf of the Labour Court
Tom
McGrath
__________________________
1st February, 1990 Deputy Chairman.
B.O'N./J.C.