Labour Court Database __________________________________________________________________________________ File Number: CD92355 Case Number: LCR13704 Section / Act: S26(1) Parties: IRISH BISCUITS LIMITED - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION;BAKERY AND FOOD WORKERS' AMALGAMATED UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the agreement on the 39-hour week.
Recommendation:
8. Having considered the submissions from the parties and taking
into account the background to the dispute and the history of
negotiations on the introduction of the 39-hour week the Court is
of the view that the Company's position is not unreasonable. The
Court accordingly does not recommend concession of the Unions'
claim.
Division: Ms Owens Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD92355 RECOMMENDATION NO LCR13704
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH BISCUITS LIMITED
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
BAKERY AND FOOD WORKERS' AMALGAMATED UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the agreement on the 39-hour week.
BACKGROUND:
2. The Company manufactures and distributes a range of biscuit
products from its plant at Tallaght, Dublin. It has 898 employees
of whom 595 are general workers.
3. The Company and the Unions entered into an agreement in
October, 1990 on the implementation of a 39-hour week by way of a
one-hour early finish on Fridays, in accordance with the terms of
the Programme for National Recovery (P.N.R.)
4. On two occasions each year (Whit weekend and Annual
Holidays), the Company ceases production on Thursdays. The Unions
are seeking to have the early finish applied on these Thursdays.
The Company rejected the claim.
5. As no agreement was reached at local level the matter was
referred to the Labour Relations Commission on 24th October, 1991.
A conciliation conference was held on 6th April, 1992. As no
agreement was reached the Commission, with the consent of the
parties, referred the dispute to the Labour Court on 16th June,
1992 for investigation and recommendation under Section
26(1)(a)(b) of the Industrial Relations Act, 1990. A Court
hearing took place on 2nd July, 1992.
UNIONS' ARGUMENTS:
6. 1. The discussions with the Company to bring into effect
the 39-hour working week were long and protracted due to the
many permutations of shift working. It was decided that
workers would finish one hour earlier on Fridays and that
workers taking service days on Fridays would not gain or
lose.
2. Because of a bank holiday and annual leave requirements
two Fridays each year are part of the holiday arrangements.
The Unions are now seeking that the early finish be applied
to the two preceeding Thursdays as the workers are otherwise
at a loss.
3. This issue was not a subject during the discussions on
the shorter working week and only came to light as the new
working arrangements evolved. As these arrangements only
arise twice a year the Court is asked to recommend concession
of the Unions' claim.
COMPANY'S ARGUMENTS:
7. 1. The Agreement on the 39-hour week states that"Holidays
will be paid for at the value of the day/days taken."
2. The principle that Friday is a fixed and non-
transferable short day is clearly enshrined in the Agreement.
3. There are other bank holidays which fall on days other
than Fridays and on these occasions the Company's production
is limited to 31 hours per week.
4. Reserving the two Fridays in question is a long standing
arrangement which predates the 39 hour week Agreement.
RECOMMENDATION:
8. Having considered the submissions from the parties and taking
into account the background to the dispute and the history of
negotiations on the introduction of the 39-hour week the Court is
of the view that the Company's position is not unreasonable. The
Court accordingly does not recommend concession of the Unions'
claim.
~
Signed on behalf of the Labour Court
7th July, 1992 Evelyn Owens
M.D./M.H. ____________________________________
Deputy Chairman.