Labour Court Database __________________________________________________________________________________ File Number: CD93537 Case Number: LCR14322 Section / Act: S26(1) Parties: UNIFI TYE LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Booking and taking of holidays by shift workers.
Recommendation:
The Court finds that the system in operation should be continued
at least on an interim basis with the Company and the Union making
every endeavour to ensure that where a problem arises, this is
dealt with expeditiously, compassionately and in a uniform manner.
The Court is of the view, however that the parties should
immediately start discussions to see if a system, which would
better meet the needs of the parties and be acceptable to both
parties, can be designed and be in accordance with the present
Company/Union Agreements.
Division: MrMcGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD93537 RECOMMENDATION NO. LCR14322
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
UNIFI TYE LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Booking and taking of holidays by shift workers.
BACKGROUND:
2. The Company which is based in Letterkenny is a subsidiary of
Unifi, North Carolina, U.S.A. It employs approximately 500
people in the manufacture of both nylon and polyester
filament yarns for export, mainly to the U.K. and Europe.
The 300 workers concerned operate on continuous shift. Their
annual leave entitlement is 23 shifts, all but 11 or 12 of
which are not covered by annual shutdown. Prior to April,
1993, the method of taking these floating holidays was that a
worker would apply to his supervisor in advance and if
overtime cover was available or cover was not required, the
worker was allowed the holiday.
In early 1993, the Company indicated its intention to limit
the number of workers on holiday at any given time to
approximately 15%. In conjunction with this, the Company
decided to control the days of the week and the shifts on
which workers could take holidays. This system has been in
operation since April, 1993. The Company claims that this
system is in accordance with Clause 17.1.3(6) of the
Company/Union Agreement. The Union rejected the claim.
The matter was referred to the Labour Relations Commission.
A conciliation conference was held in June, 1993, but no
agreement was reached and the matter was referred to the
Labour Court on 13th September, 1993. The Labour Court
hearing took place in Cavan on 14th December, 1993.
UNION'S ARGUMENTS:
3. 1. Clause 17.1.3(8) of the Company/Union Agreement states
that;
holidays booked in accordance with procedure will be
guaranteed as far as is practically possible;
approval for odd days or shifts' annual holidays will only be
granted when overtime cover has been obtained and confirmed;
when approval for odd days or shifts' annual holidays has
been granted it will only be withdrawn in exceptional
circumstances;
2. Clause 17.1.3(6) was intended to be used in
circumstances where workers were abusing the system. The
company had not used this Clause in the 7 years prior to
April, 1993.
3. The Company's policy since April, 1993, in relation to
Clause 17.1.3(6), has resulted in considerable inconvenience
to the workers concerned.
COMPANY'S ARGUMENTS:
4. 1. The system which the Company is applying in relation to
odd days annual holidays is provided for under Clause
17.1.3(6) of the Company/Union Agreement.
2. The rights of the Company to determine when holidays can
be taken is established in law and fully complies with the
provisions of The Holiday (Employees) Act, 1973.
3. The system has been in operation since April, 1993 and
is being operated fairly and equitably. The majority of
employees are getting holidays as and when they want them.
4. If an employee cannot get a specific shift off on
holiday under this system, the facility exists to get a swap
with a fellow employee.
5. The Company must continue to reduce its cost base in
order to maintain its competitiveness and secure full
employment in the long term.
6. Any increase in operational costs would have a serious
effect on the Company's current expansion plans which, if
they materialise, could lead to an additional 225 jobs in
Letterkenny. Expansion of this nature could only be
justified in a positive situation.
RECOMMENDATION:
The Court finds that the system in operation should be continued
at least on an interim basis with the Company and the Union making
every endeavour to ensure that where a problem arises, this is
dealt with expeditiously, compassionately and in a uniform manner.
The Court is of the view, however that the parties should
immediately start discussions to see if a system, which would
better meet the needs of the parties and be acceptable to both
parties, can be designed and be in accordance with the present
Company/Union Agreements.
~
Signed on behalf of the Labour Court
18th January, 1994 Tom McGrath
F.B./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.