Labour Court Database __________________________________________________________________________________ File Number: CD91470 Case Number: LCR13564 Section / Act: S26(1) Parties: DAWN MEATS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the implementation of the 39 hour week under the terms of the Programme for National Recovery (P.N.R.).
Recommendation:
8. The Court having considered the views of the parties
recommends that subject to the aggregate of the time for breaks
not being reduced the 39 hour week should be put into effect from
the date of acceptance of this recommendation in accordance with
the Company proposals. The period from 1st January, 1991 to the
date of this recommendation should be paid in either payment for
time worked or time in lieu, to be agreed between the parties.
Overtime rates should be based on the rate of pay applicable to
each hour worked during normal working time.
Division: MrMcGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91470 RECOMMENDATION NO. LCR13564
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DAWN MEATS LIMITED
(REPRESENTED BY THE FEDERATION OF IRISH EMPLOYERS)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the implementation of the 39 hour week
under the terms of the Programme for National Recovery (P.N.R.).
BACKGROUND:
2. The Company operates a beef boning plant at Carroll's Cross,
Co. Waterford and employs approximately 130 workers.
3. In June, 1990 the Union lodged a claim for the implementation
of the 39 hour week by means of additional days' leave to be taken
at times when workers are laid-off due to lack of work. The Union
also sought an increase of 2.5% to the hourly and piece rates in
accordance with the provision in the framework agreement on
working hours that the 39 hour week be implemented without any
loss of pay. The Company rejected the claim.
4. A number of meetings were held to discuss the issue and in
April, 1991, the Company proposed to implement the 39 hour week by
means of an early finish on Mondays or on any other day at
managements discretion. The Company also sought to reschedule the
rest breaks (details supplied to the Court). There would be no
actual time lost. The Company proposed to eliminate a 5 minute
morning rest break and increase the afternoon 5 minute break to 10
minutes. The Company also proposed to continue to calculate the
overtime rate at 1/40th.
5. The Union rejected the proposals and the issue was referred to
the Labour Relations Commission. A conciliation conference was
held on 7th August, 1991. As no agreement was reached the
Commission, with the consent of the parties, referred the dispute
to the Labour Court for investigation and recommendation under
Section 26(1)(a)(b) of the Industrial Relations Act, 1990. The
parties had further meetings at local level subsequent to the
conciliation conference but were unable to reach agreement.
UNION'S ARGUMENTS:
6. 1. Account should be taken of the P.N.R. increases which
restricted the level of pay over the three years 1988 to 1990.
The 39 hour week should be implemented without any clawback.
Improved hours of work is the only real benefit workers
received under the P.N.R.
2. THe work performed is very demanding and the breaks are
spaced to take this into account. To eliminate the five
minute morning rest break would make the time span between the
tea and lunch breaks very long. The workers have enjoyed the
current breaks since the commencement of their employment.
3. Overtime rates should be 1/39th of the present weekly
rate.
COMPANY'S ARGUMENTS:
7. 1. Under the terms of the P.N.R. agreement on reduced working
hours, cognisance has to be taken of cost, implications for
competitiveness, production requirements etc, when
implementing the 39 hour week. Many agreements have been
entered into on this basis.
2. The Labour Court has, on many occasions, ratified changes
designed to reduce and or tighten up break times, increase
productivity and streamline operations.
3. The work pattern is such that work interruptions occur
frequently and thus natural rest breaks are available to
workers.
4. Management are flexible on working time and there are many
instances of "job and finish" i.e. workers go home when the
available work has been completed.
RECOMMENDATION:
8. The Court having considered the views of the parties
recommends that subject to the aggregate of the time for breaks
not being reduced the 39 hour week should be put into effect from
the date of acceptance of this recommendation in accordance with
the Company proposals. The period from 1st January, 1991 to the
date of this recommendation should be paid in either payment for
time worked or time in lieu, to be agreed between the parties.
Overtime rates should be based on the rate of pay applicable to
each hour worked during normal working time.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________________
19th February, 1992. Deputy Chairman
M.D./J.C.