Labour Court Database __________________________________________________________________________________ File Number: CD94636 Case Number: LCR14639 Section / Act: S26(1) Parties: THERMO KING EUROPE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the introduction of a permanent evening-shift.
Recommendation:
Having considered the terms of the agreement between the parties,
the Court is satisfied that is being asked to make a
recommendation in relation to the introduction of shifts, given
the failure of the parties involved to reach agreement.
The Court's recommendation is that the fixed shift be implemented
as outlined by the Company.
However, employees should be given the option of manning the shift
on a permanent basis or of rotating through the shift.
Division: Mr Flood Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD94636 RECOMMENDATION NO. LCR14639
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
THERMO KING EUROPE
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the introduction of a permanent
evening-shift.
BACKGROUND:
2. The Company manufactures transport refrigeration equipment.
Its base in Shannon is the European centre for Thermo King
Corporation's Service Parts Division, and has been in
operation for 14 years, employing 27 workers.
The Company has two production facilities in Ireland, the
European headquarters, in Galway (employing 680) and a sister
plant in Dublin (employing 170).
The dispute arose from the Company's requirement to introduce
a permanent evening-shift at its Shannon site. The Union
accepts the necessity for an evening-shift and there is also
agreement on the premium, i.e., 20%.
The Company is seeking a permanent shift, manned by two
operatives, whereas the Union is seeking the introduction of
a swing-shift, covered by 4 operatives.
The dispute was referred to the Labour Relations Commission
and a conciliation conference was held on the 25th of
October, 1994, at which agreement was not reached. The
dispute was referred to the Labour Court on the 4th of
November, 1994, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute on the 12th of December, 1994.
UNION'S ARGUMENTS:
3. 1. Shift work was not featured in the 15 years of operation
of the Shannon plant.
2. Shift arrangements are not detailed in the Union/Company
agreement for Shannon, unlike the Union/Company
agreements for Galway and Dublin.
3. Article 17 of the agreement states that "change in
working hours will only be implemented following
agreement".
4. Shift-working could be accepted in this plant on the
same basis as in other plants, i.e., by appointing
permanent evening-shift workers on a voluntary basis or
by recruiting new employees.
5. 2-cycle shift, rotating days and evenings, attracting a
premium of 20% on days and evenings is well-established
in this Company and in industry generally.
COMPANY'S ARGUMENTS:
4. 1. Permanent evening-shift is the most cost-effective
format.
2. The Company's corporate policy is to move away from
swing-shift working patterns.
3. Two machines are required to be operated for 16
hours per day. It is unreasonable to expect that 4
workers be utilised when only two are actually required.
4. The Company has been reasonable in its approach at all
times. Having initially unsuccessfully sought
volunteers for the shift, the principal of 'last in
first out' was adopted.
5. Article 17 of the Company/Union Agreement and the terms
of the individual contracts of workers both infer that
employees are committed to "accept shift working
arrangements as required".
RECOMMENDATION:
Having considered the terms of the agreement between the parties,
the Court is satisfied that is being asked to make a
recommendation in relation to the introduction of shifts, given
the failure of the parties involved to reach agreement.
The Court's recommendation is that the fixed shift be implemented
as outlined by the Company.
However, employees should be given the option of manning the shift
on a permanent basis or of rotating through the shift.
~
Signed on behalf of the Labour Court
19th December, 1994
M.K./D.T. Finbarr Flood
_______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court secretary.