FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GERNORD LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Interpretation of House Agreement.
BACKGROUND:
2. The Company is located in Carrickmacross, Co. Monaghan and employs approximately ninety people. It manufactures high quality vinyl flooring for domestic and commercial use.
The Company has been successful in securing additional work for the Irish plant which is one of seven plants operated by the Company in Europe, four of which make vinyl flooring.
It now proposes to change to a rotating three-shift operation to cater for the extra work.
The Union is opposed to a rotating three-shift system. It has proposed a permanent night-shift to be staffed by new employees. The Union stated that the "House Agreement" precluded the Company from operating a three-shift rotating system.
The Company claims that Section D of the "House Agreement" states that the payment for rotating shift work operates as follows:-
A.M. 20%
P.M. 20%
Night-time 25%
This would indicate the acceptance of the concept of rotating three-shift cycles. Section E of the Agreement states that all employees are subject to shift working.
As no agreement was possible between the parties, both sides agreed to refer the dispute to the Labour Court under Section 20(2) of the Industrial Relations Act, 1969 and both agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 20th November, 1996.
UNION'S ARGUMENTS:
3. 1. The Union is in favour of a permanent night shift. This shift to be manned by new employees.
2. The Union is opposed to a rotating three-shift pattern for its members. The "House Agreement" precludes such an operation.
3. The Union is not amenable to long term employees having to operate the rotating three-shift pattern.
COMPANY'S ARGUMENTS:
4. 1. The Company requires a rotating third shift to cater for the extra work it has secured for the Irish plant.
2. The Company has the right to introduce a rotating third shift operation as per "House Agreement".
3. The introduction of a permanent night shift would create an inequitable situation for both management and Union members.
4. A rotating three-shift system already operates in two other sections of the Company.
RECOMMENDATION:
The Court finds that in accordance with the terms of the Company/Union Agreement the employees have a liability for deployment on a rotating three-shift system.
In the interest of maintaining and improving the relations between management and the employees the Company in implementing the rotating three-shift system should make every endeavour to minimise any domestic or social disadvantages on long service employees.
The Court notes that the Company is prepared in individual cases, to deal with any difficulties which may arise in respect of long service employees.
Signed on behalf of the Labour Court
Tom McGrath
6th December, 1996______________________
L.W./D.TDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.