Labour Court Database __________________________________________________________________________________ File Number: CD94204 Case Number: LCR14437 Section / Act: S26(1) Parties: WARD INTERNATIONAL LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;TECHNICAL ELECTRICAL ENGINEERING UNION |
Alleged breach of agreement.
Recommendation:
3. The Court has considered all of the views expressed by the
parties in their oral and written submissions and in the seperate
discussions held with each of the parties.
The Court has noted that on 28th July, 1993 the Industrial
Relations Officer of the Labour Relations Commission made
proposals for progressing the dispute which were acceptable to
both parties.
The agreement made, required the parties to negotiate on the
changes each side required in the Company/Union agreement, that
these negotiations be concluded within a reasonable time frame and
should include exhaustion of the agreed procedures if agreement
could not be reached.
The Court finds that agreement was not reached in respect of the
changes the Company required to the flexi-time scheme.
The Court takes the view that prior to any unilateral action being
taken and even allowing for the perception by management that
discussion of the issue was being frustrated, the Company, in
accordance with the agreement of 28th July, 1993, should have
referred the issue through the agreed procedures.
The Court considers the consequence of this not happening has
contributed to the present situation.
Notwithstanding the above, given the information available to the
Court, it is clear that during the period of the work stoppage
there has been a dearth of orders, which in a normal working
environment would likely have required action by management to
protect the viability of the Company and the security of
employment of the workforce.
In the light of the above, the Court makes the following
recommendations as a basis for a resolution of the dispute.
1. FLEXI-TIME SCHEME.
1.1 The flexi-time scheme provides a flexible system of
attendance for staff. The total number of hours which employees
are required to work on this system is the same as that which they
are required to work under fixed hours. The difference lies in
the scope which allows employees to vary their times of arrival
and departure in accordance with accepted schedules.
This flexibility cannot be unconditional. The scheme cannot be
allowed to reduce the overall efficiency of the Company and all
departments must be appropriately staffed to ensure production is
achieved.
With the above in view, the Court recommends that the following
flexi-time arrangement be implemented.
(i) Plant hours of work
08.30 - 5.00 p.m. Mon- Thurs
08.30 - 4.00 p.m. Fri.
(ii) Core Hours
09.00 - 3.30 p.m. Mon - Thurs
09.00 - 2.00 p.m. Fri.
(iii) Parameters of Working Day
7.30 a.m. - 5.00 p.m.
1. 2 Employees will select a regular schedule to apply to each
four week period. Should an employee wish to alter the schedule
he must advise the Supervisor one week in advance.
The Court recommends that operation of this Clause be reviewed
after a 3 month period.
1. 3 Employees will be committed to working a minimum 39 hour
week.
1. 4 Minimum scheduled hours will be 8 hours Monday/Thursday and
6 hours on Friday.
1. 5 Overtime will be paid for all hours worked in excess of 39
hours per week at the rates of pay contained in the Trade
Union/Company Agreement.
1. 6 A request by a Supervisor to work additional hours per day
will be regarded as planned overtime and will be paid for at
overtime rates. Supervisors will arrange in such cases to give
reasonable notice of the requirement to work additional hours.
1.7 Under the scheme a credit of up to 8 hours may be
accumulated in any four week period.
Credit hours may be used within the next four week period to take
a full day's leave.
To qualify for leave the employee must have permission for such
leave from the supervisor in advance. A minimum of 2 working days
notice must be given when applying for leave.
1. 8 In the interest of Safety a minimum of two people will be
required to work at one time.
1. 9 The normal requirements of Performance, meeting deadlines
and output targets will be adhered to and standards will be
maintained.
1. 10 Employees starting or finishing work outside of normal
hours will be responsible for opening and closing the plant and
for turning power and services on or off.
1. 11 Disagreement or disputes regarding the operation of the
scheme will be resolved by the Supervisor.
A monitoring committee representative of Management and employees
should be established with a view to overseeing the implementation
and operation of the scheme.
2. Compensation
Given all of the circumstances of this dispute, and the changes
proposed by these recommendations, the Court recommends that each
employee, on the implementation of these recommendations, be paid
the sum of #1,500 in full and final settlement of the dispute.
3. START-UP ARRANGEMENTS
Given the current work on hand and the extent to which
house-keeping work has already been completed (details supplied to
Court) and the present order book situation, the Court recommends
the following start-up arrangements:
3.1 That on acceptance of these recommendations all
employees concerned in the dispute return to work on
day one.
3.2 That during a period of 3 days, the Company considers
their manning requirements and allocates such work as
is available to the maximum number of employees.
3.3 That following the allocation of all available work,
should arrangements be required for lay off, such
arrangements should be made in an orderly fashion.
Employees being laid off should be advised of the
duration of lay-off and the date of resumption of work,
such date in any event not to be later than six weeks
from the date of acceptance of these recommendations.
The Company should in this context make every endeavour
to minimise as far as possible the duration of the
lay-off.
--------------------
Given the duration of this dispute, it is imperative to the well
being of the Company, and the maintenance and development of
secure employment, that relations between management and employees
are improved and developed. Both parties should agree and create
the necessary environment to ensure that all grievances, whether
raised by management or employees, are dealt with meaningfully and
expeditiously.
Both parties should seek to have issues processed in a reasonable
time scale in accordance with their agreed procedures and, where
agreement cannot be reached in direct discussion, to use the
institutions of the State which are readily available and
established to facilitate the peaceful resolution of disputes.
The Court earnestly requests the parties to very seriously
consider and accept this recommendation as being a reasonable
basis for a resumption of normal working, and a normalisation of
relations between them.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD94204 RECOMMENDATION NO. LCR14437
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: WARD INTERNATIONAL LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
TECHNICAL ELECTRICAL ENGINEERING UNION
SUBJECT:
1. Alleged breach of agreement.
BACKGROUND:
2. The Court investigated the above dispute on 27th April, 1994.
The Court's Recommendation is as follows:-
RECOMMENDATION:
3. The Court has considered all of the views expressed by the
parties in their oral and written submissions and in the seperate
discussions held with each of the parties.
The Court has noted that on 28th July, 1993 the Industrial
Relations Officer of the Labour Relations Commission made
proposals for progressing the dispute which were acceptable to
both parties.
The agreement made, required the parties to negotiate on the
changes each side required in the Company/Union agreement, that
these negotiations be concluded within a reasonable time frame and
should include exhaustion of the agreed procedures if agreement
could not be reached.
The Court finds that agreement was not reached in respect of the
changes the Company required to the flexi-time scheme.
The Court takes the view that prior to any unilateral action being
taken and even allowing for the perception by management that
discussion of the issue was being frustrated, the Company, in
accordance with the agreement of 28th July, 1993, should have
referred the issue through the agreed procedures.
The Court considers the consequence of this not happening has
contributed to the present situation.
Notwithstanding the above, given the information available to the
Court, it is clear that during the period of the work stoppage
there has been a dearth of orders, which in a normal working
environment would likely have required action by management to
protect the viability of the Company and the security of
employment of the workforce.
In the light of the above, the Court makes the following
recommendations as a basis for a resolution of the dispute.
1. FLEXI-TIME SCHEME.
1.1 The flexi-time scheme provides a flexible system of
attendance for staff. The total number of hours which employees
are required to work on this system is the same as that which they
are required to work under fixed hours. The difference lies in
the scope which allows employees to vary their times of arrival
and departure in accordance with accepted schedules.
This flexibility cannot be unconditional. The scheme cannot be
allowed to reduce the overall efficiency of the Company and all
departments must be appropriately staffed to ensure production is
achieved.
With the above in view, the Court recommends that the following
flexi-time arrangement be implemented.
(i) Plant hours of work
08.30 - 5.00 p.m. Mon- Thurs
08.30 - 4.00 p.m. Fri.
(ii) Core Hours
09.00 - 3.30 p.m. Mon - Thurs
09.00 - 2.00 p.m. Fri.
(iii) Parameters of Working Day
7.30 a.m. - 5.00 p.m.
1. 2 Employees will select a regular schedule to apply to each
four week period. Should an employee wish to alter the schedule
he must advise the Supervisor one week in advance.
The Court recommends that operation of this Clause be reviewed
after a 3 month period.
1. 3 Employees will be committed to working a minimum 39 hour
week.
1. 4 Minimum scheduled hours will be 8 hours Monday/Thursday and
6 hours on Friday.
1. 5 Overtime will be paid for all hours worked in excess of 39
hours per week at the rates of pay contained in the Trade
Union/Company Agreement.
1. 6 A request by a Supervisor to work additional hours per day
will be regarded as planned overtime and will be paid for at
overtime rates. Supervisors will arrange in such cases to give
reasonable notice of the requirement to work additional hours.
1.7 Under the scheme a credit of up to 8 hours may be
accumulated in any four week period.
Credit hours may be used within the next four week period to take
a full day's leave.
To qualify for leave the employee must have permission for such
leave from the supervisor in advance. A minimum of 2 working days
notice must be given when applying for leave.
1. 8 In the interest of Safety a minimum of two people will be
required to work at one time.
1. 9 The normal requirements of Performance, meeting deadlines
and output targets will be adhered to and standards will be
maintained.
1. 10 Employees starting or finishing work outside of normal
hours will be responsible for opening and closing the plant and
for turning power and services on or off.
1. 11 Disagreement or disputes regarding the operation of the
scheme will be resolved by the Supervisor.
A monitoring committee representative of Management and employees
should be established with a view to overseeing the implementation
and operation of the scheme.
2. Compensation
Given all of the circumstances of this dispute, and the changes
proposed by these recommendations, the Court recommends that each
employee, on the implementation of these recommendations, be paid
the sum of #1,500 in full and final settlement of the dispute.
3. START-UP ARRANGEMENTS
Given the current work on hand and the extent to which
house-keeping work has already been completed (details supplied to
Court) and the present order book situation, the Court recommends
the following start-up arrangements:
3.1 That on acceptance of these recommendations all
employees concerned in the dispute return to work on
day one.
3.2 That during a period of 3 days, the Company considers
their manning requirements and allocates such work as
is available to the maximum number of employees.
3.3 That following the allocation of all available work,
should arrangements be required for lay off, such
arrangements should be made in an orderly fashion.
Employees being laid off should be advised of the
duration of lay-off and the date of resumption of work,
such date in any event not to be later than six weeks
from the date of acceptance of these recommendations.
The Company should in this context make every endeavour
to minimise as far as possible the duration of the
lay-off.
--------------------
Given the duration of this dispute, it is imperative to the well
being of the Company, and the maintenance and development of
secure employment, that relations between management and employees
are improved and developed. Both parties should agree and create
the necessary environment to ensure that all grievances, whether
raised by management or employees, are dealt with meaningfully and
expeditiously.
Both parties should seek to have issues processed in a reasonable
time scale in accordance with their agreed procedures and, where
agreement cannot be reached in direct discussion, to use the
institutions of the State which are readily available and
established to facilitate the peaceful resolution of disputes.
The Court earnestly requests the parties to very seriously
consider and accept this recommendation as being a reasonable
basis for a resumption of normal working, and a normalisation of
relations between them.
~
Signed on behalf of the Labour Court
Tom McGrath
10th May, 1994 -----------
C O'N/U.S. Deputy Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR CIARAN O'NEILL, COURT SECRETARY.