FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CADBURY IRELAND LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Appeal by the Union against Rights Commissioners Recommendation ST79/96.
BACKGROUND:
2. The dispute before the Court concerns two employees who worked the night shift, but in October, 1993 obtained jobs of "fixed duration" on a 2 shift basis in K Block and have remained there since.
In accordance with the Company/Union Agreement both employees should have reverted back to night shift when their fixed duration period was completed. This did not happen due to an oversight on the part of management. The Company is now planning to reduce the number of employees on 2 shift operations. The question of the status of the claimants has been raised by shop stewards from other sections of the Company.
The shop stewards representing the two employees claim that they should be allowed to remain on 2 shift in K Block and not be transferred back to the night shift.
The claim was rejected by the Company and was also opposed by the Joint Shop Stewards Committee (JSC) on the basis that it was in breach of the Company/Union Agreement and also that other shift workers would be affected by it.
The dispute was referred to a Rights Commissioner. The Rights Commissioner investigated the dispute on the 3rd April, 1996 and in his recommendation ST79/96 recommended:-
"The Company's view above in relation to the decision of the JSC is a view which I am compelled to accept and accordingly I have to recommend that the claimants must accept that the Agreement is paramount and must be upheld.
They in turn have been to some extent victims of an oversight by management and since I happen to believe that Agreements should be serviced diligently by management in particular, I do not see how the management can expect to just walk away from this problem of their own making without some sanction or penalty.
I therefore recommend that each of the claimants be allowed to remain on their present shifts for a further period of two months from the date of this recommendation. Thereafter, they will undertake those duties properly assigned to them under Agreement by management."
The Unions appealed the recommendation on the 13th May, 1996. The Court heard the appeal on the 18th June, 1996 under Section 13(9) of the Industrial Relations Act, 1969.
UNIONS' ARGUMENTS:
3. 1. The workers concerned should be allowed to remain on 2 shift in K Block. They have worked there since October, 1993.
2. Both workers prefer to remain on 2 shift rather than return to night duty. They believed that they had been subsumed into the staffing at K Block, and expected to remain there.
3. The workers concerned have been the victims of an oversight on the part of management.
4. The workers should be allowed to remain on 2 shift for a further twelve months. This would afford them an opportunity of obtaining a permanent 2 shift operation.
COMPANY'S ARGUMENTS:
4. 1. The Company/Union Agreement on jobs of "fixed duration" states that when it ends, the holder reverts to his/her former shift pattern.
2. The workers concerned should have gone back on night shift in October, 1993 when their fixed duration jobs ended. This was an oversight on management's part.
3. The Joint Shop Stewards Committee (JSC) which represents all shop stewards in the Company, supports the Company on this issue.
4. There would be a knock-on effect if the workers do not revert back to night duty.
5. The workers concerned have had the benefit of the extra years on the 2 shift system. Moreover, they will benifit financially by reverting back onto the night shift.
DECISION:
The Court having considered all of the circumstances of this case upholds the recommendation of the Rights Commissioner and rejects the appeal of the workers.
The Court so decides.
Signed on behalf of the Labour Court
Tom McGrath
27th June, 1996______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.