Labour Court Database __________________________________________________________________________________ File Number: CD90118 Case Number: LCR12860 Section / Act: S67 Parties: WOCO INDUSTRIAL COMPONENTS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the introduction of a 39 hour week.
Recommendation:
5. Having regard to the fact that a de facto break of 40 minutes
has been in operation for so long, and always assuming that this
break is taken in such a manner and subject to the specific
condition that disruption of production is avoided, the Court in
the circumstances recommends that the existing practice continue
and be accepted by the Company as the official break time for
shift workers.
Division: Mr O'Connell Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD90118 RECOMMENDATION NO. LCR12860
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WOCO INDUSTRIAL COMPONENTS LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the introduction of a 39 hour week.
BACKGROUND:
2. The Company manufactures industrial components for the
European car industry with the finished products being exported.
There is no home market. The majority of the workers concerned
operate a three shift cycle. The Union's claim is for the
introduction of a 39 hour week and that the hourly rate be
calculated as 1/39th of the weekly wage. The Company agrees in
principle to the implementation of a 39 hour week and is prepared
to do so by introducing extra days off in addition to annual
leave. However a problem exists in relation to the amount of time
which workers take for their breaks. The Company maintains that
the original agreement with the Union provided for a 20 minute
break. Subsequently an unofficial practice of taking a 30 minute
break developed, and in time this was extended to 40 minutes. The
Company's offer to implement a 39 hour week is contingent on the
workers concerned accepting that the official break is 30 minutes.
The Union has rejected this offer and maintains that 40 minutes
has always been the duration of tea breaks and states that
disciplinary action has never been taken against workers who take
a 40 minute break. The Union claims that this present practice
should be accepted by Management and that the extra annual leave
be conceded. The Company is not prepared to make any concession
until the issue of the duration of the tea break is settled.
Local discussions and conciliation conferences held on the 31st
January and 7th February, 1990 failed to resolve the dispute which
was referred to the Labour Court on the 5th March, 1990. A Court
hearing was held on the 19th April, 1990.
UNION'S ARGUMENTS:
3. 1. Though the Company/Union agreement, which was signed
pre-production, stated that there would be 20 minutes paid
break, this was taken by the workers concerned from the time
the factory commenced production to be in addition to the 20
minute main meal break which all shift workers enjoy. This
was done with the full knowledge of Management. The Union
would agree that the minimum amount of tea breaks on shift
operations is 30 minutes and that the average would be 40
minutes.
2. This factory does not have a full canteen service and the
workers concerned have to go through a full shift without a
proper meal. The Union believes that 40 minutes is just
adequate to take light snacks during the shift. The workers
concerned spend their working time standing at machines and
the breaks give them a limited time to sit and relax.
3. While the conditions under which the workers concerned are
employed can be described as clean and dry nevertheless the
air contains visible fumes which give off a nasty odour and
these conditions are presently the subject of an investigation
by Eolas and the Department of Labour. It is necessary for
the workers concerned to have a break of at least 40 minutes
during a shift, away from this environment.
4. The production output of the workers concerned has
increased by approximately 50% over the last two years. This
would more than compensate the Company for the introduction of
a 39 hour week. The Union does not believe that it was
intended in the Programme for National Recovery (P.N.R.) that
a 39 hour week be introduced by employers on the one hand, and
on the other hand that time spent on tea breaks be reduced.
In the vast majority of good employments the reduced working
week was introduced without any interference with the amount
of time spent on tea breaks. Many firms (details supplied to
the Court) whose workers operate on shift work have breaks in
excess of 40 minutes.
COMPANY'S ARGUMENTS:
4. 1. The official working hours since the commencement of shift
working included a 20 minute tea break. This was enshrined in
the plant agreement (details supplied to the Court). In 1981
the Union requested that the 20 minutes paid meal break be
extended by a further 10 minutes unofficial tea break and this
extended the break to 30 minutes. In October, 1983 the
Company officially agreed to the extension which was to be
taken in such a manner as to avoid disruption of production.
This was fully endorsed by the Union at that time. All
contracts of employment issued since then indicate that a paid
meal break of 30 minutes will be allowed.
2. The Company is willing to implement a 39 hour week
provided that there is no loss of production, that the
extension of the tea break is eliminated and that the workers
concerned adhere strictly to a 30 minutes break. The Company
is entitled under the terms of the P.N.R. to seek such self
financing benefits on the clear undertaking that employees
would not lose out on earnings. It must be emphasised that
the present shift workers are not working a forty hour week.
They are in fact working 39.10 hours and therefore under the
circumstances the Company has only to adjust time by 10
minutes. The Company is also prepared to recognise the claim
for a reduction in the working week by offering to adjust the
hourly rate to reflect the 39 hour week.
RECOMMENDATION:
5. Having regard to the fact that a de facto break of 40 minutes
has been in operation for so long, and always assuming that this
break is taken in such a manner and subject to the specific
condition that disruption of production is avoided, the Court in
the circumstances recommends that the existing practice continue
and be accepted by the Company as the official break time for
shift workers.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
18th May, 1990. Deputy Chairman
T.O'D/J.C.