Labour Court Database __________________________________________________________________________________ File Number: CD94335 Case Number: LCR14557 Section / Act: S26(1) Parties: NEC SEMICONDUCTORS IRELAND LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Access to newly created day jobs should be open to all employees.
Recommendation:
Having considered the submissions from the parties, the Court is
of the view that the Union's claim is reasonable and should be
accepted.
The Court, accordingly, recommends that future selection for day
working, whether on a trial or a permanent basis, be made on a
plant-wide basis i.e. include 8 and 12 hour cycle shift workers.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94335 RECOMMENDATION NO. LCR14557
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
NEC SEMICONDUCTORS IRELAND LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Access to newly created day jobs should be open to all
employees.
BACKGROUND:
2. The Company is located in Ballivor, County Meath and employs
a total of 420 workers, 320 of whom are Union members. Of
the 320 Union members 20 are day workers, 56 are two-shift
cycle (8 hours) operators and 240 are four-shift cycle (12
hours) operators.
In late 1993, four positions became available in the
in-warehouse area for day workers. The Company agreed to
fill the vacancies on a trial basis but restricted
applications to the 8-hour operators. The Union objected,
claiming that two of the vacancies should be filled by
12-hour operators. Workers who joined the Company prior to
1987 are allowed, by agreement with the Union, to remain on
8-hour shifts.
The dispute was referred to the Labour Relations Commission.
A conciliation conference took place on 19th April, 1994 but
no agreement was reached. The dispute was referred to the
Labour Court under Section 26(1) of the Industrial Relations
Act, 1990. A Labour Court hearing took place on 30th August,
1994, (the earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. The day job positions have always been sought by
shift-workers as they offer more sociable working hours.
In this instance, the jobs also involved a promotion
from operator grade 1 to grade 2.
2. The opportunity to apply for day work should be
available to all workers. This approach was supported
by the 8-hour shift workers.
COMPANY'S ARGUMENTS:
4. 1. All production is currently based around a 7 day four
shift cycle (12-hours shifts). This is the most
productive system for the Company.
2. It is more practicable for the Company to use 8-hour
shift workers, to fill the four vacancies, than 12-hour
shift workers.
RECOMMENDATION:
Having considered the submissions from the parties, the Court is
of the view that the Union's claim is reasonable and should be
accepted.
The Court, accordingly, recommends that future selection for day
working, whether on a trial or a permanent basis, be made on a
plant-wide basis i.e. include 8 and 12 hour cycle shift workers.
~
Signed on behalf of the Labour Court
16th September, 1994 Evelyn Owens
C.O'N./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.