Labour Court Database __________________________________________________________________________________ File Number: CD89862 Case Number: LCR12726 Section / Act: S67 Parties: IRISH METALS AND CHEMICALS COMPANY LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
The introduction of a thirty-nine hour week.
Recommendation:
5. The Court having considered the submissions of the parties
recommends that the proposal of the Company be accepted.
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89862 RECOMMENDATION NO. LCR12726
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IRISH METALS AND CHEMICALS COMPANY LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. The introduction of a thirty-nine hour week.
BACKGROUND:
2. The Company manufactures welding electrodes and metal spray
holders. At a local level meeting held on 5th October, 1989 the
Union sought the introduction of a reduced working week under the
terms of the Programme for National Recovery (P.N.R.). The
workers clock out five minutes early each evening and the Company
position is that the workers currently only work thirty-nine hours
and thirty five minutes and therefore the working week should only
be reduced by thirty five minutes, to thirty nine hours. The
Union position is that as the workers are paid on the basis of a
forty hour week and their contracts are for forty hours, the hours
should be reduced by one hour and the workers should retain the
early clock out facility. In addition, the workers would
guarantee the same output in a week. No agreement could be
reached and on 10th October, 1989 the matter was referred to the
conciliation service of the Labour Court. A conciliation
conference was held on 20th November, 1989 at which agreement
could not be reached and on 20th November, 1989 the matter was
referred to the Labour Court for investigation and recommendation.
The Court investigated the dispute on 19th January, 1990.
UNION'S ARGUMENTS:
3. The work quotas established in the Company are based on a
forty hour week, not a thirty nine hour thirty five minute
working week. The Union proposal to guarantee the same
production with a reduced working week discharges its
obligation under the P.N.R. In addition, the cost to the
Company will be minimal. The P.N.R. has provided the Company
with extremely competitive wage costs for a guaranteed three
year period. Therefore, the Union is also entitled to benefit
from the protection and terms of the agreement.
COMPANY'S ARGUMENTS:
4. 1. Normal finishing time is 5.00 p.m. However, since the
1960's the Company has allowed the workers to clock out at
4.55 p.m. This concession, was made at a time when Tallaght
where the Company is located was a village and the bus service
was infrequent. Despite an improved and regular bus service
the Company has not withdrawn the concession.
2. The workers are currently paid forty hours pay for a
thirty nine hour thirty five minute working week. A strict
interpretation of the P.N.R. allows entitlement of reduced
working hours only to workers whose normal working week is at
or above forty hours, those working less than forty hours are
not entitled to benefit. However, in accordance with the
spirit and intention of the P.N.R., the Company is willing to
reduce the working week to thirty nine hours.
RECOMMENDATION:
5. The Court having considered the submissions of the parties
recommends that the proposal of the Company be accepted.
~
Signed on behalf of the Labour Court
Tom McGrath
________________________
1st February, 1990 Deputy Chairman.
U.M./J.C.