Labour Court Database __________________________________________________________________________________ File Number: CD90605 Case Number: AD919 Section / Act: S13(9) Parties: TAYTO LIMITED - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Appeal by the Union of Rights Commissioner's recommendation No. ST145/90 concerning the payment of a shift allowance for cooks working on Saturdays.
Recommendation:
5. The Court does not find grounds to alter the findings of the
Rights Commissioner and accordingly upholds his recommendation.
The Court so decides.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD90605 APPEAL DECISION NO. AD991
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: TAYTO LIMITED
(Represented by the Federation of Irish Employers)
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Appeal by the Union of Rights Commissioner's recommendation
No. ST145/90 concerning the payment of a shift allowance for cooks
working on Saturdays.
BACKGROUND:
2. Every Saturday a total clean down of the cookers takes place
to ready them for the following week's production. This process
is known as "a caustic boil out" and takes ten hours to complete.
The process is done by five cooks every Saturday on overtime with
each cook working every second Saturday. The work commences at
6.00 a.m. and finishes at 4.00 p.m. approximately. In May, 1990,
the Union claimed that the cooks should receive a shift allowance
for this work on the grounds that all overtime during the week
(i.e. Monday to Friday) attracts a shift allowance as well as the
overtime payment. The Company rejected the claim and the matter
was referred to a Rights Commissioner for investigation. On 6th
October, 1990, the Rights Commissioner issued the following
recommendation.
"There is not merit in the claim as it is the operatives who
insist on the 6.00 a.m. start. In my view it therefore does
not constitute a proper shift and accordingly it cannot
attract shift premium in addition to the overtime rate
already paid for the work in accordance with the Agreement
between the parties. I recommend that the claim fails".
The recommendation was rejected by the Union who appealed it to
the Labour Court on 18th October, 1990, under Section 13(9) of the
Industrial Relations act, 1969. The Court heard the appeal on
10th January, 1991.
UNION'S ARGUMENTS:
3. 1. The overtime worked by the cooks on a Saturday is on a
regular and rostered basis and should not be treated
differently to other overtime worked during the week. Workers
who operate a 6.00 a.m. to 4.00 p.m. shift are entitled to the
appropriate shift allowance.
2. A former Production Manager in the Company originally
proposed that the boil out should commence at 6.00 a.m. so
that for safety reasons the caustic spraying could be
completed prior to the arrival of the workers who start at
8.00 a.m.
3. The boil out is a special operation which differs
completely from work undertaken by the day workers.
Concession of the claim would not lead to a claim from workers
who normally work from 8.00 a.m. to 4.00 p.m. because these
hours are not considered as shift hours.
COMPANY'S ARGUMENTS:
4. 1. This cleaning process has been in operation for some
15 - 20 years now. When it started up initially, the cooks
made a request to management to allow the "boil out" commence
at 6.00 a.m. as opposed to 8.00 a.m. (normal starting time for
overtime on Saturdays) to enable them to leave earlier in the
evening. The Company facilitated this request.
2. This work has always constituted normal Saturday
overtime working and a claim for shift premium at this or any
other time is completely unjustified.
3. The Company has up to 40 other operatives working on
Saturday overtime and any concession of such a claim would
have far reaching implications.
DECISION:
5. The Court does not find grounds to alter the findings of the
Rights Commissioner and accordingly upholds his recommendation.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
30th January, 1991 -------------
B O'N/U.S. Deputy Chairman