Labour Court Database __________________________________________________________________________________ File Number: CD9245 Case Number: LCR13552 Section / Act: S26(1) Parties: IRISH REFINING PLC - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the method of implementation of a 39 hour week for 55 refinery technicians at Whitegate Oil Refinery.
Recommendation:
3. The Court following discussions with the parties recommends
the following proposals as a basis for resolution of the claim for
the introduction of the 39 hour week.
This recommendation supersedes the conditions outlined in
Recommendation L.C.R. 13341.
1. Reduced working time to be accumulated and taken as 6
extra shifts off per annum.
2. Recruitment of two extra technicians.
3. The divisor for calculating overtime payments to be 39.
4. The date of implementations of the 39 hour week to be 1st
July, 1990.
5. Cost recovery of implementation of the 39 hour week to be
achieved by the acceptance of the following arrangements
regarding shift to shift handover.
The shift to shift handover time shall normally be no
more than 15 minutes with a further 5 minutes at the
discretion of the Shift Superintendent. Handover time in
excess of 20 minutes for whatever reason to be
compensated by overtime payments at the appropriate
premium.
Accrued leave to 31st December, 1991 will either be given as time
off up to a maximum of 9 days or compensated for at double time.
Leave accrued since 31st December, 1991 will be taken as time off.
Time off shall be given in consultation with the management, in
the normal way.
The parties accept that the above proposals do not preclude the
Company, should they consider circumstances warrant it, from
seeking light manning. Any such proposals to be the subject of
discussions between the parties.
The above to be implemented as soon as possible and in any case
within one month of the date of this recommendation.
The Court notes that the Union, shall not make claims in respect
of the arrangements at 5 above, and shall withdraw the letter of
6th January, 1991.
The Court has sought to meet the interests of all parties in their
discussions and to formulate a recommendation that will resolve
the present situation and form a basis for maintaining and
developing the good industrial relations that have existed to
date.
Accordingly the Court strongly recommends the above recommendation
for acceptance by the parties.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9245 RECOMMENDATION NO. LCR13552
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH REFINING PLC
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the method of implementation of a 39 hour
week for 55 refinery technicians at Whitegate Oil Refinery.
BACKGROUND:
2. Further to the Court's investigation of the above matter on
5th February, 1992, the following is the Court's recommendation.
RECOMMENDATION:
3. The Court following discussions with the parties recommends
the following proposals as a basis for resolution of the claim for
the introduction of the 39 hour week.
This recommendation supersedes the conditions outlined in
Recommendation L.C.R. 13341.
1. Reduced working time to be accumulated and taken as 6
extra shifts off per annum.
2. Recruitment of two extra technicians.
3. The divisor for calculating overtime payments to be 39.
4. The date of implementations of the 39 hour week to be 1st
July, 1990.
5. Cost recovery of implementation of the 39 hour week to be
achieved by the acceptance of the following arrangements
regarding shift to shift handover.
The shift to shift handover time shall normally be no
more than 15 minutes with a further 5 minutes at the
discretion of the Shift Superintendent. Handover time in
excess of 20 minutes for whatever reason to be
compensated by overtime payments at the appropriate
premium.
Accrued leave to 31st December, 1991 will either be given as time
off up to a maximum of 9 days or compensated for at double time.
Leave accrued since 31st December, 1991 will be taken as time off.
Time off shall be given in consultation with the management, in
the normal way.
The parties accept that the above proposals do not preclude the
Company, should they consider circumstances warrant it, from
seeking light manning. Any such proposals to be the subject of
discussions between the parties.
The above to be implemented as soon as possible and in any case
within one month of the date of this recommendation.
The Court notes that the Union, shall not make claims in respect
of the arrangements at 5 above, and shall withdraw the letter of
6th January, 1991.
The Court has sought to meet the interests of all parties in their
discussions and to formulate a recommendation that will resolve
the present situation and form a basis for maintaining and
developing the good industrial relations that have existed to
date.
Accordingly the Court strongly recommends the above recommendation
for acceptance by the parties.
~
Signed on behalf of the Labour Court
Tom McGrath
_____________________
6th February, 1992. Deputy Chairman
B.O'N./J.C.