Labour Court Database __________________________________________________________________________________ File Number: CD90443 Case Number: LCR13023 Section / Act: S67 Parties: ROWNTREE MACKINTOSH IRELAND - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Claim concerning the method of implementing a 39 hour working week for warehouse and road transport workers.
Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that the Company's offer for the application of the
reduced working week is reasonable and should be accepted by the
claimants.
The Court so recommends.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD90443 RECOMMENDATION NO. LCR13023
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ROWNTREE MACKINTOSH IRELAND
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim concerning the method of implementing a 39 hour working
week for warehouse and road transport workers.
BACKGROUND:
2. Between December, 1989 and May, 1990 local negotiations took
place on the introduction of a 39 hour working week. Workers in
the factory negotiated the reduction by way of an early finish on
Friday. Road transport and warehouse workers rejected the early
Friday finish and sought implementation by way of an additional 6.50
days leave per annum. They based their claim on the fact that
they saw no value in reducing their working week by one hour as
road transport personnel worked a 52 hour week while warehouse
personnel worked an average 45 hour week. In both instances
overtime payment commenced on the 41st hour of work. The claim
for additional annual leave was rejected by the Company and the
issue was referred to the conciliation service of the Labour
Court on 16th May, 1990. It was the subject of a conciliation
conference on 16th July, 1990. As no agreement was reached both
parties requested a full Court hearing. The Court investigated
the dispute on 6th September, 1990.
UNION'S ARGUMENTS:
3. 1. Transport drivers work a guaranteed 52 hour week (Monday -
Friday). They recently accepted a reduction from a two man
van operation to a one man van operation in Dublin and Mallow.
The drivers find the new arrangement very hard work and argue
that the proposed one hour reduction would be meaningless for
workers who are on the road from Monday to Friday.
2. Warehouse workers work an average 45 hour week. They are
linked to the transport section by the very nature of their
work. Accordingly, both groups must avail of the reduced
working week by way of a similar arrangement.
3. The Court is asked to consider the position of the drivers
who are on the road from Monday to Friday and who are
completely opposed to the one hour reduction by way of an
early finish on any day of the week. A definite and
worthwhile arrangement should be recommended.
COMPANY'S ARGUMENTS:
4. 1. During the negotiation of the P.N.R., the I.C.T.U. stated
that working hours should, given trends in Europe, be reduced
by one hour per week over the 3-year period of the Programme
in cases where the normal working week is at or above 40
hours. The final agreement included provision for a 1 hour
reduction in the working week. It was also agreed that any
such reduction would have to take into account the costs
involved, the affect on production and services and the
exigencies of the work involved. Employers and Unions at
plant level were requested to reach agreement on the reduction
of 1 hour, taking into account the efficient use of human
resources, plant, equipment and machinery. The P.N.R.
provided for a one hour reduction in the working week not
increased annual leave. The Company has agreed to introduce
the reduced working week by way of an early finish for all
workers on Thursday/Friday.
2. Company deliveries take place 51 weeks of the year and to
cover an extra 6.1/2 days holiday per year means that
additional staff would have to be provided, at additional cost
on an ad hoc temporary basis. This is unacceptable to the
Company.
3. It is reasonable to assume that over the next number of
years further claims for a reduced working week will be
successfully lodged. If that is so, Companies would have to
dismantle "additional holiday" arrangements thereby creating
further industrial relations problems. Other workers in the
Company who have accepted proposals for the introduction of a
39-hour week are now reserving their position until the
outcome of this Labour Court hearing.
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
is of the view that the Company's offer for the application of the
reduced working week is reasonable and should be accepted by the
claimants.
The Court so recommends.
~
Signed on behalf of the Labour Court
Evelyn Owens
________________________
19th September, 1990. Deputy Chairman
A.McG./J.C.