Labour Court Database __________________________________________________________________________________ File Number: CD92700 Case Number: LCR13950 Section / Act: S26(1) Parties: IRISH STEEL LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union, on behalf of four shift rota workers, for 6 extra days' annual leave.
Recommendation:
5. Having considered at length the present conditions attached to
four shift working, the financial position of the Company, the
situation of the industry and the requirements of P.E.S.P., the
Court does not consider that a compelling case has been made in
support of this claim.
In the circumstances the Court does not recommend concession.
Division: Mr Heffernan Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD92700 RECOMMENDATION NO. LCR13950
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1990
SECTION 26(1)
PARTIES: IRISH STEEL LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union, on behalf of four shift rota workers, for
6 extra days' annual leave.
BACKGROUND:
2. The present leave entitlement for all workers in the Company,
whether on days, two, three or four shift cycle working, is 20
days. The Union's claim is for 6 extra days' leave for workers on
12 hour shifts on a four shift rota basis. Management rejected
the claim. The issue was referred to the Labour Relations
Commission on the 21st September, 1992. A conciliation conference
was held on the 24th September, 1992 but no agreement was reached.
The dispute was referred to the Labour Court by the Labour
Relations Commission on the 13th November, 1992. A Court hearing
was held in Cork on the 27th January, 1993.
UNION'S ARGUMENTS:
3. 1. The Union's claim is a long standing one and is not
precluded by either the P.N.R. or P.E.S.P. It was deferred on
numerous occasions due to Company difficulties and the
negotiation of a comprehensive agreement.
2. The reduction in the working week was, in many
industries, converted to time off in lieu. This is
particularly true in industries where continuous shift working
is in operation. The concession of additional days for
continuous shift working is well established practice in all
industries in the private and semi/State sectors.
3. The Union has made a substantial contribution to the
Company since 1990 in terms of reduction in numbers,
flexibility, co-operation and productivity. Record sales
levels have been achieved in recent years. The increase in
production was brought about by the introduction of the 4th
shift. The workers concerned are entitled to the 6 extra days
in annual leave.
COMPANY'S ARGUMENTS:
4. 1. Four shift working is not a permanent shift pattern at
Irish Steel. The extra fourth shift is introduced in
production departments according to market demands. At the
present time all production areas are operating on a 3 shift
basis. The change from 8 hour to 12 hour continuous shifts in
1988 gave a significant benefit to the shift workers in terms
of time off. The old 8 hour four shift rota provided for 14
off-shifts over an eight week cycle. The new 12 hour four
shift rota gave 28 off-shifts over the same eight week cycle,
in effect, a doubling of time off.
2. The claim represents a significant increase in costs
which the Company cannot afford. The Company recorded
substantial losses in 1992 and projections for 1993 predict
further losses (details supplied to the Court). Despite the
Company's financial difficulties it has paid all phases of the
PESP. In addition it also pays attendance and production
incentive bonuses.
3. The claim is of a cost increasing nature and is
precluded by the terms of the P.E.S.P.
RECOMMENDATION:
5. Having considered at length the present conditions attached to
four shift working, the financial position of the Company, the
situation of the industry and the requirements of P.E.S.P., the
Court does not consider that a compelling case has been made in
support of this claim.
In the circumstances the Court does not recommend concession.
~
Signed on behalf of the Labour Court
Kevin Heffernan
8th February, 1993 ----------------
T O'D/U.S. Chairman