Labour Court Database __________________________________________________________________________________ File Number: CD92647 Case Number: LCR13902 Section / Act: S26(1) Parties: IRISH SUGAR P.L.C. (CARLOW) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the discontinuance of 7-day shift-working in the Sugar Store/Packing Plant, during the processing campaign.
Recommendation:
5. Having considered all of the circumstances related to the
claim as made, the Court recommends that the claimants be
compensated by the payment of an amount calculated under the
following formula for each individual:-
An amount equivalent to 2.5 times the average Sunday working
earnings. The average to be arrived at by reference for each
individual to the number of Sundays actually worked by that
person during the last five (5) years. The date of acceptance
of this recommendation to be used as the base for the five (5)
years calculation.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92647 RECOMMENDATION NO. LCR13902
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH SUGAR P.L.C. (CARLOW)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the discontinuance of 7-day shift-working
in the Sugar Store/Packing Plant, during the processing campaign.
BACKGROUND:
2. 1. The 'processing campaign' lasts for a period of
approximately 15 weeks up to early January, during which there
is a large intake of sugar-beet from producers. The beet is
then processed and either stored or packed.
2. Due to improved packaging methods and increased storage
capacity the requirement for Sunday overtime has diminished.
The Union is seeking compensation of #5,000 per employee for
loss of Sunday overtime. The Company rejects the Union's
claim as being unrealistic. The dispute was referred to the
Labour Relations Commission and Conciliation Conferences were
held in June (2) and September, 1992. On September, 14th
1992, the parties agreed to refer the issue of 7-day working
to the Labour Court. The Company state that the
discontinuance of Sunday-working is part of a streamlining
operation due to changes in job requirements and E.C. quotas.
They have offered compensation on an individual basis in
accordance with the number of Sundays worked for one season,
or the annual average over a number of previous years. The
Union has rejected the offer on the grounds that the
compensation is insufficient. The dispute was referred to the
Labour Court on the 21st October, 1992. The Court
investigated the dispute on the 2nd of December, 1992 (the
earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. The level of compensation offered by the Company (#50 x
average Sundays worked over past 4 years) is inadequate. The
total cost to the Company of their proposal would be in the
region of #12,250. Savings in the present campaign alone will
amount to #67,500.
2. The Company has calculated that an average of 8 Sundays
has been worked by each worker. The correct number of Sundays
worked is closer to 15. Sunday working has been estabished in
the area since 1926 and there has never been a period in the
Company's history when Sunday-work was not in operation.
3. Averaging a campaign of 15 Sunday per worker, total Sunday
earnings would yield #1,410. The Union is seeking #5,000 per
worker, equivalent to 3.5 times the annual loss.
COMPANY'S ARGUMENTS:
4. 1. The reduction in the number of Sundays being worked during
the campaign has resulted from the requirement that the
Company adapt in order to compete effectively in the existing
quota system.
2. The Group has a policy of not making compensation payments
when claims for loss of earnings arise. The overtime was not
guaranteed by the Company and it was not compulsory.
3. The Company's offer is realistic and in line with
practices in industry generally.
RECOMMENDATION:
5. Having considered all of the circumstances related to the
claim as made, the Court recommends that the claimants be
compensated by the payment of an amount calculated under the
following formula for each individual:-
An amount equivalent to 2.5 times the average Sunday working
earnings. The average to be arrived at by reference for each
individual to the number of Sundays actually worked by that
person during the last five (5) years. The date of acceptance
of this recommendation to be used as the base for the five (5)
years calculation.
~
Signed on behalf of the Labour Court
Evelyn Owens
___________________
16th December, 1992. Deputy Chairman.
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.