Labour Court Database __________________________________________________________________________________ File Number: CD91153 Case Number: LCR13328 Section / Act: S67 Parties: WESTERN MEATS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the implementation of a 39 hour week.
Recommendation:
8. At the Court hearing the Union advanced three main arguments
for rejecting the proposals put forward by the Industrial
Relations Officer on 29th November, 1990 and expanded upon in his
letter of 30/1/91.
In reviewing these arguments in turn, the Court took account of
the fact that an early start on the killing line and on loading
was normal custom and practice up to August, 1990 and only ceased
then because of industrial relations problems. A starting time a
little later is common in the industry for checking staff.
At the hearing the Company confirmed to the Court that its
intention was to pay overtime on a daily basis.
The Company requirement that staff seek permission to leave the
line is no more than management is entitled to ask for at any
time. Therefore, the Court does not regard this as an imposition
on staff.
In the light of the submissions presented and the verbal arguments
and clarifications made, the Court recommends that both parties
now accept the proposals as put forward by the I.R.O. on 29/11/90
and clarified by him on the 30/1/91 and as further clarified above
by the Court at the hearing.
Division: CHAIRMAN Mr Collins Mr Rorke
Text of Document__________________________________________________________________
CD91153 RECOMMENDATION NO. LCR13328
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT, 1946
PARTIES: WESTERN MEATS LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the implementation of a 39 hour week.
BACKGROUND:
2. The Company is located in Dromad, Co. Leitrim and employs 90
people in the slaughter and processing of cattle and pigs for the
export markets. The terms of the Programme for National Recovery
(P.N.R.) were introduced for a 3 year period effective from 1st
January, 1988 to 31st December, 1990. The basic rates of pay are
#139.50 skilled; #135.00 semi-skilled and #128.25 general
operative. There is also a bonus scheme in operation.
3. The Union lodged a claim for the introduction of a 39 hour
week in June, 1990. In response to the claim, the Company put
forward proposals for dealing with lates and absenteeism and
sought the formalisation of staggered start/finishing times. The
Company also raised other issues which it wanted dealt with before
the introduction of the 39 hour week. It was agreed that the
shorter working week would be implemented by means of accrued time
off.
4. The Union rejected the Company's proposal and sought the
implementation of the 39 hour week without any preconditions. A
number of meetings were held at local level and as no agreement
was reached the issue was referred to the conciliation service of
the Labour Court on 5th October, 1990. A conciliation conference
was held on 2nd November, 1990 as a result of which proposals were
agreed and recommended for acceptance by the respective parties
(see appendix A).
5. Following a ballot these proposals were rejected by the
workers. A further conciliation conference was held on 30th
January, 1991 at which a number of points which were a cause for
concern, were raised by the Union. A document clarifying the
matters was agreed (see appendix B) and the proposals were again
balloted on by the workers and rejected. The parties subsequently
agreed to a referral to the Labour Court for investigation and
recommendation. A Court hearing was held in Sligo on 11th June,
1991.
UNION'S ARGUMENTS:
6. 1. The Company has enjoyed the very favourable advantages
afforded them by the low pay increases under the P.N.R. The
Company pays lower rates than its competitors (details
supplied to the Court).
2. The concessions sought by the Company in return for the
implementation of the 39 hour week exceed the guidelines
regarding flexibility and competitiveness, contained in the
framework agreement.
3. Some of the workers travel long distances to the plant.
Many of these workers depend on 'lifts' to get to work. The
proposed staggering of start/finish times would
create difficulties for these workers.
4. Overtime is paid on a daily basis. The proposal to pay
overtime after 40 hours of work is unacceptable.
5. The workers do not accept that they should have to ask for
permission to leave the production line.
COMPANY'S ARGUMENTS:
7. 1. The savings which would result from the implementation of
the proposals do not meet the cost of reduced working hours.
2. It is common sense to have staggered start/finish times.
Processes after killing cannot start until some animals are
killed. Staggered start/finish times are common in the meat
processing industry.
3. The proposals on time-keeping are no more than what an
employer might expect from an employee. The one particularly
important because of the problems in regard to timekeeping
which the Company are having.
4. The Company will accept the proposals but because of the
delay in implementing them, it will not commit to any element
of retrospection.
RECOMMENDATION:
8. At the Court hearing the Union advanced three main arguments
for rejecting the proposals put forward by the Industrial
Relations Officer on 29th November, 1990 and expanded upon in his
letter of 30/1/91.
In reviewing these arguments in turn, the Court took account of
the fact that an early start on the killing line and on loading
was normal custom and practice up to August, 1990 and only ceased
then because of industrial relations problems. A starting time a
little later is common in the industry for checking staff.
At the hearing the Company confirmed to the Court that its
intention was to pay overtime on a daily basis.
The Company requirement that staff seek permission to leave the
line is no more than management is entitled to ask for at any
time. Therefore, the Court does not regard this as an imposition
on staff.
In the light of the submissions presented and the verbal arguments
and clarifications made, the Court recommends that both parties
now accept the proposals as put forward by the I.R.O. on 29/11/90
and clarified by him on the 30/1/91 and as further clarified above
by the Court at the hearing.
~
Signed on behalf of the Labour Court
Kevin Heffernan
________________________
28th June, 1991. Chairman
M.D./J.C.
APPENDIX A
"1. The parties shall enter into discussions with a view to
cocluding a comprehensive Company/Union Agreement setting out
existing terms and conditions only, on behalf of those Union
members currently represented by S.I.P.T.U.; it is noted
that this is in response to a request from the trade union
representatives.
2. The 39 hour week shall be introduced as follows'
6 lieu days to be taken at the Company's discretion, 3 of
which would be fixed either collectively or individually on
the basis of plant closure, with the balance to be taken on
an individual basis with consideration being given to
production requirements and subject to a minimum of 3 days
notice.
3. Commensurate from the implementation date for (2.) above,
overtime shall be paid after the completion of 40 hours at
existing premia on an hourly rate of 1/39th.
4. In a further effort to minimise the costs associated with the
proposed reduction, the following shall be agreed:
(a) It shall be agreed that 6 individuals (more may be
required on occasions) on the Company's Killing Line,
agree to an earlier starting time of 20 minutes in the
evening. Similarly, packing staff will be required to
work amended hours of 8.15 a.m. - 5.15 p.m. Both of
these changes are necessary so as to improve efficiency
of throughput.
(b) Where practicable, it shall be agreed that all breaks be
staggered to facilitate production, and that employees
shall co-operate in this regard; the breaks would be
staggered as between killing and boning, for example and
not within sections.
(c) All breaks, finishing and starting times must be adhered
to, with work commencing and restarting at the appointed
time. Where an employee finds it necessary to leave
his/her work station, with the exception of the above
times, permission must first have been sought and
granted by her/her supervisor.
(d) The current tea-break of 10 minutes will be increased to
14 minutes - this time to apply from stopping work to
resuming work; the Company will ensure that adequate
washing and drying facilities are available but paper
towels should be disposed of properly.
(e) There shall be no consequential claims arising out of
any aspect of this Agreement.
(f) Where the operation of this Agreement gives rise to
concern, either party reserves the right to review any
aspect of same.
5. The above arrangements are to take effect from date of
acceptance; 2 days in lieu to be afforded at Christmas 1990
in lieu of retrospection."
APPENDIX B
Clarification of proposals on 39 Hour Week
Following conciliation conference in Sligo on 30th January the
position regarding items queried by the Union is as follows:
(a) The persons who would be required for early stary are
the following on their replacements:
Killing line Austin Shannon, Eamonn Lynch, Cathal
Flynn, Oliver Mulleary, Michael Bannon, Michael Doherty
(and Michael McGarry for pigs).
Loading Bog Any 3 of the 8 staff there.
(b) Time off will be accumulated on the basis of 12 minutes
per day worked.
(c) Implementation date 1st January, 1991; 2 days in lieu of
retrospection to be afforded or Christmas 1991.
(d) All other points in the letter of 29th November, 1990 are
unchanged. Both this document and the letter of 29th
November are to be read together and are being
recommended for acceptance.