Labour Court Database __________________________________________________________________________________ File Number: CD90109 Case Number: LCR12872 Section / Act: S67 Parties: MINCH NORTON LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for an increase in shift premium/weekend allowance on behalf of 6 workers.
Recommendation:
5. Having regard to the shift premia currently being paid within
the Company the Court takes the view that two shift operation
having a seven day liability warrants a greater premium than the
existing two shift operation which does not involve weekend
working, and it recommends, therefore that the shift premium for
Boby Plant Operatives working 2 shifts over 7 days be increased to
22.50% and that they should retain the present allowance for weekend
working.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD90109 RECOMMENDATION NO. LCR12872
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MINCH NORTON LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for an increase in shift premium/weekend
allowance on behalf of 6 workers.
BACKGROUND:
2. As part of a major rationalisation plan undertaken by the
Company in 1989 agreement was reached with the Union on a
reduction from three to two shift working over seven days in the
Boby Plant Operation. The shift premium was also reduced from 33
1/3% to 20% plus weekend allowance of #13.35. The matter of
compensation for a reduction in shift premium was (among other
issues) the subject of a Labour Court recommendation in September,
1989 (L.C.R. 12570 refers). The Union claims however that the
question of the reduction in shift premium which was not referred
to the Court at that time has not been resolved. The Union is now
claiming that the premium should be increased to 25% plus pro rata
weekend premium of #13.35. The Company has rejected the claim on
the grounds that the new arrangements were agreed in 1989. Local
discussions failed to resolve the issue which was referred to the
conciliation service of the Labour Court. A conciliation
conference was held on the 8th February, 1990 but no agreement was
reached. The dispute was referred to the Labour Court on the 8th
March, 1990. A Court hearing was held on the 23rd April, 1990.
UNION'S ARGUMENTS:
3. 1. The Union has come to an agreement ( after protracted
negotiations and two official disputes) with the Company on
all the issues which arose as a result of its wide
rationalisation package. However the present claim for an
increase in the premium to 25% is the only outstanding issue.
The Boby plant operation is an integral part of the production
process. The Company proposals for two shift working five
days over seven days for which a shift premium of 20% will be
paid, together with week-end allowance, is completely
unacceptable to the operatives concerned. In addition the
Boby plant operatives workload will increase in terms of
volume and complexity as a result of the rationalisation.
Since the Company package was proposed, all but one of the
original operators have left. The replacement operatives are
adamant that they will not work a two shift system, five days
over seven days for the terms offered by the Company. The
Union's claim is for the payment of 25% shift premium and the
retention of the weekly #13.35 allowance for the week-end
working liability.
COMPANY'S ARGUMENTS:
4. 1. This claim arises as a result of a reduction from 33 1/3%
for three shift working to 20% for two shift working. The
reduction was agreed at a conciliation conference held in
June, 1989. The Court has already made its recommendation on
this issue and substantial compensation has been paid to
employees. In effect this is a second bite of the cherry.
The Court will be aware that shift premiums for two shift
working range from 16.6% to 20% generally. In this case the
Company is paying the shift premium at the higher end of the
range 20%. The Company believes that a shift premium of 20%
taken in conjunction with a weekend attendance payment of
#13.35 per weekend worked (which is linked to wage increases)
and which is equivalent to a further average shift premium of
4.5% per week in the Boby Plant, is more than adequate for
working this shift pattern.
2. The Company is strongly of the view that there is no basis
for any claim for an increase in the weekend allowance. The
weekend attendance allowance has not been affected by the
rationalisation programme and this allowance is the same as
that enjoyed by the Norton plant operators (details supplied
to the Court) who work on a seven day four shift cycle at a
shift premium of 33 1/3%. The Company contends that no claim
exists for an increase in the shift premium or weekend
allowance.
RECOMMENDATION:
5. Having regard to the shift premia currently being paid within
the Company the Court takes the view that two shift operation
having a seven day liability warrants a greater premium than the
existing two shift operation which does not involve weekend
working, and it recommends, therefore that the shift premium for
Boby Plant Operatives working 2 shifts over 7 days be increased to
22.50% and that they should retain the present allowance for weekend
working.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
23rd May, 1990. Deputy Chairman
T.O'D/J.C.