Labour Court Database __________________________________________________________________________________ File Number: CD91535 Case Number: AD92120 Section / Act: S13(9) Parties: CADBURY IRELAND LIMITED - and - AMALGAMATED ELECTRICAL UNION AND;NATIONAL ELECTRICAL ENGINEERING TRADE UNION |
Appeal by the Company against Rights Commissioner's Recommendation No. ST152/91 concerning an appropriate shift rate for weekend work for fitters.
Recommendation:
The Court having considered the views of the parties expressed
in their oral and written submissions and the recommendation of
the Rights Commissioner, considers the claim should be settled
by concession of the 5 night shift rate plus 2% in respect of
the special working required by the Company.
The Rights Commissioners recommendation should be amended
accordingly.
The Court so decides.
Division: MrMcGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD91535 APPEAL DECISION NO. AD12092
INDUSTRIAL RELATIONS ACT, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: CADBURY IRELAND LIMITED
and
AMALGAMATED ELECTRICAL UNION AND
NATIONAL ELECTRICAL ENGINEERING TRADE UNION
SUBJECT:
1. Appeal by the Company against Rights Commissioner's
Recommendation No. ST152/91 concerning an appropriate shift rate
for weekend work for fitters.
BACKGROUND:
2. Weekend working was introduced by the Company in 1988 in
order to meet product demand. Initially the weekend work was
carried out on a contract basis by two fitters who were employed
on a temporary basis but who subsequently filled two permanent
posts. In October, 1989 the Company raised the question of
employing new fitters in a permanent capacity and including in
their contract a weekend working liability. When the weekend
shift would not be in operation the fitters would be employed
elsewhere within the plant. A similar arrangement successfully
exists within the Company for electrical workers. The fitters
agreed to consider the Company's proposal.
In September, 1990 when the matter was again raised the fitters
stated that in order for them to agree to the inclusion of the
weekend working liability in their contracts the shift rate
would have to be increased. The premium which is currently paid
for weekend working is 26.66% of the basic craft rate and is
equivalent to the 4-night shift rate.
As the parties failed to reach agreement on an appropriate rate
the matter was referred to a Rights Commissioner for
investigation and recommendation. A Rights Commissioner's
hearing took place on 5th September, 1991 and the following
Recommendation issued on 6th September, 1991.
"RECOMMENDATION
In all the circumstances I recommend that the claim referred be
settled by concession of the 31.16% premium for such special
working as required by the Company".
The Rights Commissioners Recommendation was appealed to the
Labour Court by the Company in accordance with Section 36(2) of
the Industrial Relations Act, 1990. A Labour Court
investigation took place on 3rd December, 1991.
UNIONS ARGUMENTS:
3. 1. The Union contends that a shift rate of 50% of Basic
rate is a realistic one taking into account the unsociable
hours which are attached to weekend working.
COMPANYS ARGUMENTS:
4. 1. The Company's position is that the present rate of
26.66% for weekend working is a fair and reasonable one.
Workers are being paid the equivalent of the 4-night
premium for working a 3-night shift. This adequately
compensates for the unsociable element attached to the job.
4. 2. Since December, 1988 the need for a period of weekend
working has only arisen twice. It is not an ongoing
requirement but it is necessary in order to meet occasional
short term product demands. An increase in the premium
paid could affect the economic viability of weekend working
which would in turn affect the Company's ability to meet
such short term demands. Customers would then be obliged
to go elsewhere for their supply of product.
DECISION:
The Court having considered the views of the parties expressed
in their oral and written submissions and the recommendation of
the Rights Commissioner, considers the claim should be settled
by concession of the 5 night shift rate plus 2% in respect of
the special working required by the Company.
The Rights Commissioners recommendation should be amended
accordingly.
The Court so decides.
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Signed on behalf of the Labour Court
Tom McGrath
9th January, 1992 -------------------
A.Ni.S./N.M. Deputy Chairman