Labour Court Database __________________________________________________________________________________ File Number: CD95295 Case Number: LCR14865 Section / Act: S26(1) Parties: MAYSTEEL TEORANTA (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION |
Additional paid break.
Recommendation:
The Court has considered the written and verbal submissions made
by both parties.
In the circumstances of this particular case the Court recommends
that the parties accept one or other of the following options:-
1. The workers to revert to the previous five day shift system.
2. The present system of four day shift be continued, with an
additional accrual of 15 minutes per week on top of the one
hour presently accrued.
Division: Ms Owens Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD95295 RECOMMENDATION NO. LCR14865
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
MAYSTEEL TEORANTA
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Additional paid break.
BACKGROUND:
2. The Company is involved in the sheet metal fabrication
business. It was established in 1992, following the purchase
of assets from the previous occupier, GME Teoranta. It is
located at Inverin, County Galway and employs 66 workers.
All employees retained continuity of service following the
take-over.
The Company operates a 4 day evening shift, 5.00 p.m. to 3.30
a.m. Since the introduction of the 39 hour week the
employees work a 40 hour week (1 hour accrued). The dispute
before the Court concerns the Union's claim on behalf of 3
workers operating on the evening shift for an additional paid
break of 30 minutes per shift.
Currently the workers receive two 15 minute paid breaks and
one 30 minute unpaid break. Previously the workers operated
a 5 day shift pattern Monday - Thursday 5.00 p.m. to 2.00
a.m., receiving two 15 minute paid breaks and one 30 minute
unpaid break - Friday 2.00 p.m. to 8.00 p.m. receiving one 15
minute break.
Local level discussions took place but no agreement was
reached and the matter was referred to the Labour Relations
Commission. A conciliation conference took place on 2nd May,
1995. As no agreement was reached the dispute was referred
to the Labour Court on 10th May, 1995. A Labour Court
hearing took place in Galway on 19th July, 1995.
UNION'S ARGUMENTS:
3. 1. Paid breaks are a feature of all shift work. Many
workers in similar employment to the workers concerned
receive paid breaks as part of their shift arrangements.
2. The workers operate a long shift. They have made a
considerable contribution to the plant with their
ongoing co-operation and flexibility. In the
circumstances the Union's claim for an additional paid
break of 30 minutes per shift is justified.
COMPANY'S ARGUMENTS:
4. 1. The current shift arrangements were entered into at the
request of the workers concerned and did not entirely
suit the Company. It is the Company's contention that
if these employees wish to avail of the extra break they
should revert to the 5 day shift pattern.
2. Since 1992 the Company has invested #1.5 million in
capital equipment and has incurred considerable losses
in its first two years of production. During 1994 it
negotiated and implemented a new and more equitable wage
structure which resulted in pay increases of up to 33%.
3. The pay and conditions of employment of the workers
concerned compares favourably with other workers in the
industry generally. In November, 1994 the Company
increased the shift premium from 18% to 20% in line with
industry locally.
RECOMMENDATION:
The Court has considered the written and verbal submissions made
by both parties.
In the circumstances of this particular case the Court recommends
that the parties accept one or other of the following options:-
1. The workers to revert to the previous five day shift system.
2. The present system of four day shift be continued, with an
additional accrual of 15 minutes per week on top of the one
hour presently accrued.
~
Signed on behalf of the Labour Court
14th August, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.