Labour Court Database __________________________________________________________________________________ File Number: CD96105 Case Number: LCR15129 Section / Act: S26(1) Parties: BATCHELORS LIMITED (Represented by THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning working at Christmas and Easter shutdown.
Recommendation:
Having considered all the information before it the Court
recommends that the proposal agreed for recommendation at the
Labour Relations Commission be modified as follows:-
(1) Days worked at Christmas can be taken during the following 12
months.
(2) One person per shift to be allowed take days in lieu, subject
to 1 week's notice.
(3) The requirement for the same people who work Good Friday to
work on Easter Tuesday to be changed. The Company to require
the presence of a maximum of 6 people at Easter or Christmas
based on a sequential roster list.
Division: Mr Flood Mr Pierce Mr Walsh
Text of Document__________________________________________________________________
CD96105 RECOMMENDATION NO. LCR15129
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
BATCHELORS LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning working at Christmas and Easter shutdown.
BACKGROUND:
2. The Company manufactures a range of canned and packed food
products under the Batchelors brand and juice drinks under
the Sqeez brand. It employs 258 workers at two locations in
Dublin and Athy.
The dispute before the Court concerns the Company's working
requirements for warehouse staff during the Easter and
Christmas shutdown. Management argue that under the terms of
an agreement reached in April, 1990 the Company has the right
to require warehouse staff to work during the Easter and
Christmas shutdown.
The Union's position is that the right to require warehouse
staff to work during the Easter and Christmas shutdown under
the 1990 Agreement applied to 1990 only.
The workers concerned sought premium payment for any days
worked during the 1995 Christmas shutdown. Management
refused to concede the claim and the workers refused to
provide cover during the Christmas shutdown.
The matter was referred to the Labour Relations Commission.
A conciliation conference took place on 4th March, 1996
following which a proposal put forward by the Industrial
Relations Officer (IRO) and recommended by both parties for
acceptance was rejected by the workers. As agreement could
not be reached the dispute was referred to the Labour Court
on 6th March, 1996 under Section 26(1) of the Industrial
Relations Act, 1990. A Labour Court hearing took place on
29th March, 1996. A recommendation was issued by letter on
1st April, 1996.
UNION'S ARGUMENTS:
3. 1. There is no justification for the Company to change its
existing Easter and Christmas holiday arrangements. In
the six weeks leading-up to the 1995 Christmas holiday
period the workers concerned co-operated fully with
management to enable the Company meet its orders for the
Christmas period. The warehouse staff worked seven days
per week and sometimes operated 12 to 14 hour shifts.
2. The Company is showing little regard for the workers
co-operation and for their family commitments and
responsibilities during the Easter and Christmas holiday
periods.
3. The 1990 Agreement applied to 1990 only. Prior to
Christmas 1995 the Company's working requirements for
the Easter and Christmas shutdown was covered on a
voluntary basis.
COMPANY'S ARGUMENTS:
4. 1. The Company had to retain temporary staff to cover for
permanent staff who refused to work three days over the
1995 Christmas holiday period. Sales for this period
amounted to 16,000 cases approximately - Value £100,000.
2. Supermarkets carry little more than shelf stock, thereby
requiring deliveries at short notice. The Company must
provide the service demanded by its customers or lose
business.
3. The Company will require all distribution staff to work
Good Friday and Easter Tuesday. All supermarkets are
open Good Friday and Easter Tuesday and some will remain
open throughout the Easter holiday period.
4. There will be a serious loss of business and disruption
of good working relations between the Company, staff and
customers, if the Company closes the distribution
department for Good Friday and Easter Tuesday.
5. In the absence of agreement in respect of the IRO's
proposal, the Court is requested to uphold the Company's
right to insist that the distribution staff adhere to
the April, 1990 Agreement and to re-affirm the Company's
legal entitlement in respect of the scheduling of annual
leave.
RECOMMENDATION:
Having considered all the information before it the Court
recommends that the proposal agreed for recommendation at the
Labour Relations Commission be modified as follows:-
(1) Days worked at Christmas can be taken during the following 12
months.
(2) One person per shift to be allowed take days in lieu, subject
to 1 week's notice.
(3) The requirement for the same people who work Good Friday to
work on Easter Tuesday to be changed. The Company to require
the presence of a maximum of 6 people at Easter or Christmas
based on a sequential roster list.
~
Signed on behalf of the Labour Court
11th April, 1996 Finbarr Flood
F.B./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.