Labour Court Database __________________________________________________________________________________ File Number: CD89863 Case Number: LCR12752 Section / Act: S67 Parties: MONOJECT SCIENTIFIC INC - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the introduction and implementation of a thirty nine hour week under the Programme for National Recovery (P.N.R.).
Recommendation:
5. Having considered the submissions from the parties and noting
the present difficulties being encountered by the Company, which
are the subject of separate Company/Union negotiations, the Court
recommends:-
(a) The thirty nine hour week be implemented from 1/9/1990.
(b) The method of implementation be the subject of local
negotiations.
(c) The Union continue its co-operation with the Company on the
question of improved efficiencies.
Division: Ms Owens Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD89863 RECOMMENDATION NO. LCR12752
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MONOJECT SCIENTIFIC INC
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the introduction and implementation of a
thirty nine hour week under the Programme for National Recovery
(P.N.R.).
BACKGROUND:
2. Monoject Scientific Inc is one of four subsidiaries of
Sherwood Medical Industries of America. The other companies are
based in Tullamore, Ballymoney, Co. Antrim and Belgium. The
Company is based in Athy and employs fifty full time and five
temporary workers. It is primarily engaged in the production of
injection/blow moulded plastic parts for supply direct to medical
markets and through its sister distribution and manufacturing
companies. The Programme for National Recovery (P.N.R.) provides
for the implementation of a thirty nine hour week where the normal
working week is at or above forty hours. Negotiations on the
implementation date are to be carried out in each employment at
the level at which basic pay and conditions of employment are
normally negotiated. The Union claims that the Company has not
entered into meaningful negotiations in relation to the
implementation of the thirty nine hour week which should be
implemented from 1st January, 1990. The Company claims that
discussions on a thirty nine hour week should be delayed until the
Company is operating on a more efficient and stronger commercial
basis. No agreement was reached at local level and the matter was
referred on 17th October, 1989 to the conciliation service of the
Labour Court. A conciliation conference was held on the 23rd
November, 1989 at which no agreement was reached and the matter
was referred on 27th November, 1989 to a full hearing of the
Labour Court which took place in Newbridge on 30th January, 1990.
UNION'S ARGUMENTS:
3. 1. The P.N.R. provides for the negotiations on the thirty
nine hour week at the level at which basic pay and conditions
of employment are normally negotiated. The Company has
refused to enter into meaningful discussions at this level and
absolutely no progress has been made.
2. Most of the companies in the Athy area have made
agreements for the implementation of a thirty nine hour week.
The Company concerned is one of the few in the Athy area which
has not made an agreement.
3. If no progress is made on an agreed date for the
implementation of a thirty nine hour week then industrial
action will have to be considered. The Union claims that the
date for implementation should be 1st January, 1990.
COMPANY'S ARGUMENTS:
4. 1. The Company is experiencing major difficulties at present.
Over capacity and reduced competitiveness and subsequent
reduced sales have resulted in fifteen redundancies since
1985. Production of components for other sister manufacturing
plants in America is being reduced because of the lack of
competitiveness of the Athy operation. The Company will lose
more business within and outside the Sherwood Industries Group
unless it becomes more competitive and efficient.
2. The Company believes that one hundred per cent efficiency
can be achieved through the upgrading of existing equipment
and other improvements relating to organisation of work etc.
Aggressive programmes currently being formulated will redress
the major causes of the current difficulties.
3. When the present inefficiencies are eliminated the Company
will be in a position to have meaningful discussions with the
Union regarding the implementation of a thirty nine hour week.
The Company is neither in breach of the letter or the spirit
of the P.N.R., and specifically the agreement on working
hours, in offering to enter into discussions as soon as these
inefficiencies are eliminated.
4. The Company cannot afford a further increase in labour
costs while the plant is working at low efficiency. The
P.N.R. provides for the implementation of a thirty nine hour
week "before expiry of the Programme" so that companies can
prepare and plan for the extra costs involved.
5. In view of all the circumstances the Company proposes that
discussions on the thirty nine hour week should commence at
the beginning of the final phase of the current agreement.