Labour Court Database __________________________________________________________________________________ File Number: CD95205 Case Number: LCR14771 Section / Act: S26(1) Parties: BAXTER HEALTHCARE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Change in Holiday Schedule for 1995.
Recommendation:
5. Having considered the requirement as outlined by the Company
and the concerns expressed by the Union the Court makes the
following recommendation that:
(1) Holiday arrangements for 1995 to be as in previous
years - 3 weeks - August.
The Company to facilitate, as far as possible
individuals who have made arrangements based on the
Company proposal for 1995.
(2) The Union accept the Company proposal on Holiday
arrangements from 1996.
Division: Mr Flood Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95205 RECOMMENDATION NO. LCR14771
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: BAXTER HEALTHCARE
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Change in Holiday Schedule for 1995.
BACKGROUND:
2. 1. Baxter Healthcare is the leading manufacturer of health
care products in the world. The Company has operated
in Ireland since 1972 and employs 800 people at two
locations in Mayo. The Castlebar plant employs 650
people and the Swinford plant employs 150 people.
2. The Castlebar facility manufactures a range of products
used by patients who have end stage renal failure.
These products are mainly self administered by
patients.
3. The Company also manufacture a range of products which
are used in hospitals for the administration of
irrigation and therapeutic drugs in patients.
Manufactured products are also produced for daily use
by 15,000 customers/patients in all European and Nordic
countries and to many hospitals throughout Europe,
U.S.A. and Japan.
4. The annual leave entitlement for employees is 20 days
per annum. Each employee can also earn up to 3 further
days per annum based on perfect attendance. Since its
establishment, the Company has operated plant shutdowns
for holiday periods. This was normally one week at
Christmas and two weeks in summer (first 2 weeks
August) with the remaining days taken around public
holidays.
5. In 1983, the Company shut the plant down for 3 weeks
for the summer break. The Company reverted to a 2 week
summer break shutdown in 1984 with the third week taken
at Easter. From 1985 to 1987 the Company operated a 3
weeks summer shutdown.
6. By 1994 the Company had become a key strategic supplier
of renal care products for 15,000 dialysis patients in
Europe who depend on the Company's products on a daily
basis for their existence.
7. In January, 1995, the Company indicated to the Union
that the plant would not be operating a 3 week summer
shutdown for 1995 or for the foreseeable future. The
Union objected to these proposals and as no agreement
could be reached the dispute was referred to the Labour
Relations Commission. A conciliation conference took
place on 1st March, 1995 but no agreement was reached.
The dispute was referred to the Labour Court by the
Labour Relations Commission on the 21st March, 1995 in
accordance with Section 26(1) of the Industrial
Relations Act, 1990. The Court investigated the
dispute on 2nd May, 1995.
UNION'S ARGUMENTS:
3. 1. In 1983 an agreement was reached with the Company for
the introduction of a 3 week summer shutdown (last week
July, first 2 weeks August). If the Company now wish
to change the holiday agreement it should be done by
consultation and agreement and not forced on the
workers. There was no discussion with the staff or
Union prior to the Company's statement that it intended
to amend the holiday arrangements
2. The changes proposed by the Company in relation to the
holiday arrangements caused widespread concern and
upset to our members. Some workers had already made
holiday arrangements based on the existing agreement
and custom and practice. Some 80%of the staff employed
by the Company are women, many married with children.
The 3 week summer shutdown suited the women with
children as it coincided with their children's school
holidays.
3. The Union indicated to the Company that the proposed
changes in the holiday arrangements would have an
adverse effect on Industrial Relations within the
Company's plants. The Union indicated to the Company
that it could achieve its aims of keeping the plant
open longer by looking for volunteers among the
existing staff. Also, the Company had at its disposal
a large number of temporary staff which it could use to
achieve its aims. Our members are concerned that if
the Company is allowed to change the 1995 holiday
schedule without consultation that the same problem
will arise again for 1996. This could lead to
industrial relation problems within the Company.
COMPANY'S ARGUMENTS:
4. 1. Under the terms of the Holiday Employees Act, 1973 the
Company has the right to decide the manner and timing
of annual leave. The Company has always scheduled
holidays taking into account the requirement of our
employees to have reasonable periods of rest and also
the requirements of our customers. Under the terms of
the Company/Union agreement the planning of annual
leave is based on: (1) Holidays in accordance with the
1973 Act and any subsequent amendments, (2) shutdown to
take place in the summer, (3) the Company to provide
the maximum notice possible of holiday schedule.
2. The 3 week summer shutdown of the plants has caused the
Company problems over the past number of years.
Because of the nature of our product, large quantities
cannot be produced into stock. As a result, the
Company had lost business when orders are placed during
the holiday shutdown. It is imperative that the
Company is able to guarantee its product to the
customer when required. If the Company cannot
guarantee the availability of its product when required
by our customer then the Company ultimately cannot
guarantee the long term prospects of employment for its
employees. The employees must realise that it is
customers who provide jobs.
3. In February, 1995, the Company published the full
holiday schedule for 1995 which is based on 1 week in
June and 2 weeks in August as shutdown. The employees
have made holiday arrangements based on the published
schedule. The Company will accommodate any employee
who wishes to take a third weeks unpaid leave either
directly before or after the summer shutdown.
RECOMMENDATION:
5. Having considered the requirement as outlined by the Company
and the concerns expressed by the Union the Court makes the
following recommendation that:
(1) Holiday arrangements for 1995 to be as in previous
years - 3 weeks - August.
The Company to facilitate, as far as possible
individuals who have made arrangements based on the
Company proposal for 1995.
(2) The Union accept the Company proposal on Holiday
arrangements from 1996.
~
Signed on behalf of the Labour Court
Finbarr Flood
22nd May, 1995 ---------------
L.W./U.S. Deputy Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR LARRY WISELY, LABOUR COURT.