Labour Court Database __________________________________________________________________________________ File Number: CD95530 Case Number: LCR15032 Section / Act: S26(1) Parties: FUJITSU MICROELECTRONICS IRELAND LIMITED (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Sick pay, clerical scale, job sharing
Recommendation:
The Court considered the written and oral submissions made by the
parties in relation to the three issues before the Court and
recommends as follows:-
(1) Sick Pay
The current sick pay scheme to be kept under periodic review,
bearing in mind the concerns expressed by both sides in
relation to the ageing profile of the workforce.
The Court is conscious that the employer does act positively
in long term illness cases when the 6 months has been
utilised.
In the meantime, the Company scheme should be updated in line
with the management's offer, if the Union considers this
proposal to be an improvement.
(2) Clerical Salary Scales/Assimilation
(a) The Court does not find merit in the Union's claims for
assimilation to next point of salary scale plus an increment
for each clerk.
(b) While sympathising in relation to the initial loss of
earnings of the five claimants for assimilation, the Court
finds no grounds for conceding the claim.
(3) Job Sharing
While acknowledging the ongoing requirement for
competitiveness, the Court is of the view that management has
not fully explored the options or identified the scale of the
problem. The Court, therefore, recommends that the parties
examine the options and difficulties on a joint basis,
bearing in mind the plant wide implications.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95530 RECOMMENDATION NO. LCR15032
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
FUJITSU MICROELECTRONICS IRELAND LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Sick pay, clerical scale, job sharing
BACKGROUND:
The Company has been located in Tallaght since 1980. It
assembles and tests integrated circuits for export. It
employs approximately 250 workers, 60 of whom are involved in
this dispute.
Clerical scale
There are four issues involved in the dispute, two of which
are connected to salary scales. In the 1980's, the Company
had a 4-tier clerical salary structure, each with a 12 point
scale. The Union suggested a new 6 point scale which would
provide quicker movement to scale maximum. The Company
agreed to the proposal, including assimilation to the next
point above the present salary level. The Company claims
that the Union is also seeking one extra increment for each
clerk. The Company considers this to be in breach of the
agreement on assimilation. There is, however, general
agreement on the salary scales.
The second issue involving salary scales involves five
workers who transferred from operation duties to
administrative duties over a number of years. The Union is
claiming that, because the five workers started on a lower
salary in administration, they have "lost out" over the
years. The Union is making a retrospective pay claim for the
five workers.
Sick pay
At present, the Company provides all workers with a
cumulative period of 6 months sick pay cover. When the 6
month cumulative cover is exhausted there is a waiting period
of 12 months before a worker requalifies for a further 6
months cumulative cover. The Union is seeking that 6 months
sick pay cover should be provided each fiscal year or, where
workers used up a portion of their sick leave in any calendar
year, that portion or one month (whichever is the lesser)
would be restored on the following 1st January.
Job Sharing
The union is seeking that job sharing be introduced. This
would mainly be for the benefit of female workers.
The issues have been the subject of discussions at local
level over a number of years. They were referred to the
Labour Relations commission and a conciliation conference
took place on 17th August, 1995. No agreement was reached
and the dispute was referred to the Labour Court on 14th
September, 1995, in accordance with Section 26(1), Industrial
Relations Act, 1990. A Labour Court hearing took place on
20th November, 1995.
UNION'S ARGUMENTS:
Clerical scale
1. The five workers who transferred to administrative duties all
started on a lower point on the salary scale than they had
been on. Over the years they have continued to lose money
(overall losses from £110 to £2,805 approximately). The
Company has agreed that in future all workers who transfer
from operations to administration will be assimilated on a no
loss basis. The five workers should be compensated
retrospectively.
Sick pay
2. The Company's present sick pay cover is unique in the
electronics industry. As staff get older there will be
increasing risk to health. A worker who suffers a long-term
illness would have insufficient cover.
Job sharing
3. There are a number of benefits which arise from job sharing.
Workers are more content and more productive. The output
from two people working a 4-hour day is greater
proportionately than one person working an 8-hour day.
COMPANY'S ARGUMENTS:
Clerical scale
1. The five workers who transferred from operations to
administration did so voluntarily. They were aware of the
salary scale at the time of transfer. Administrative workers
start on a lower point than operators but, in time, move on
to a higher point. The maximum of the administrative scale
if £3,000 per annum higher than the operative scale.
Sick pay
2. The Company's sick pay scheme has proved adequate cover for
the workers, very few of whom are close to exhausting their 6
months. The Company has offered an improved scheme which
restores full cover on a phased basis, dependent on
employment service (details supplied to the Court).
Job sharing
3. Job sharing is used very little in the electronics industry.
The Company has improved operational methods in recent years
by extending shift working, increasing workplace flexibility
and multi-skilling. The introduction of job sharing would be
counter-productive to the improvements gained.
RECOMMENDATION:
The Court considered the written and oral submissions made by the
parties in relation to the three issues before the Court and
recommends as follows:-
(1) Sick Pay
The current sick pay scheme to be kept under periodic review,
bearing in mind the concerns expressed by both sides in
relation to the ageing profile of the workforce.
The Court is conscious that the employer does act positively
in long term illness cases when the 6 months has been
utilised.
In the meantime, the Company scheme should be updated in line
with the management's offer, if the Union considers this
proposal to be an improvement.
(2) Clerical Salary Scales/Assimilation
(a) The Court does not find merit in the Union's claims for
assimilation to next point of salary scale plus an increment
for each clerk.
(b) While sympathising in relation to the initial loss of
earnings of the five claimants for assimilation, the Court
finds no grounds for conceding the claim.
(3) Job Sharing
While acknowledging the ongoing requirement for
competitiveness, the Court is of the view that management has
not fully explored the options or identified the scale of the
problem. The Court, therefore, recommends that the parties
examine the options and difficulties on a joint basis,
bearing in mind the plant wide implications.
~
Signed on behalf of the Labour Court
18th December, 1995 Finbarr Flood
C.O.N./A.K. ----------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.