FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CADBURY IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Start Up Of Plant In 'A' Block
BACKGROUND:
2. The Company introduced the 'Time Out Bar' in the mid 1990's. Normally the Time Out plant (A Block) runs on a 24-hour shift Monday to Friday as follows:-
2-Shift 7.00am to 03.00pm
2.10pm to 10.10pm
4-Night Shift 10.10pm to 08.00am
Occasionally the night shift is taken off due to production requirements.
The dispute concerns the start up of the Time Out plant during periods when the night shift is not running. The 2-Shift crew start up the plant on Monday morning and are paid 1-hour's overtime between 6.00am and their normal starting time of 7.00am. Both the 2-Shift group and the night shift group claim that they should start up the plant in the event of permanent shutdown of the night shift.
The Company has proposed that a new job be created to deal with the plant warming requirement. The proposal is rejected by the 2-Shift group.
The matter was the subject of a conciliation conference held under the auspices of the Labour Relations Commission. As agreement could not be reached the dispute was referred by the Unions to the Labour Court on the 3rd of February, 2000 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th of March, 2000.
UNIONS' ARGUMENTS:
3. 1. When the plant is in continuous operation from Monday to Saturday staff are designated for plant warming and no dispute exists. As no night shift operates over the weekend plant warming is done by the 2-Shift group on Monday morning.
2. The 2-Shift group covered plant warming prior to the introduction of the night shift. It is clearly their responsibility by established precedent.
3. Other plants in the Company operate in the same fashion as that being sought by the Union. In the circumstances the Unions' claim that the 2-Shift group cover plant warming duties when the night shift is permanently shutdown, is reasonable.
COMPANY'S ARGUMENTS:
4. 1. The Company believes that creating a new job on nights is the most efficient way of dealing with the issue in terms of maximising plant running time.
2. The Company's policy is to keep overtime to a minimum. It introduced a comprehensive shift system to do away with the need for overtime as far as possible. The Company/Union agreement states as follows:-
"There will be a continuation of the Company policy to operate on a shift basis as far as possible in order to meet production requirements which cannot be met by normal day shift.....Overtime will continue to be strictly controlled and will be used only to limited extent where necessary to meet production requirements and for the efficient operation of the plant."
3. In the past, where overtime has been worked the Company has experienced problems in both its operation and its elimination. Therefore, it is essential for the Company to hold with this policy.
4. The Company acknowledge that it requires employees taking up 2-Shift jobs to be available to do an early start where required, particularly on Monday morning. It is a condition of taking up the job. This does not prevent the Company from finding a more efficient way of covering the early start.
5. The Company is not seeking to establish a new practice on this occasion, it adopted a similar approach on the NoMold plant, and also, in the Eclair Room.
6. If the 2-Shift group are to cover the early start on overtime, the Company would need an additional person to cover for possible absence. If the early start does not happen there would be no product to be wrapped when the wrapping crew come in at 8.00am. The Company would have to try and minimise this happening by bringing in an extra person. The same risk does not apply to the night shift because of the availability of other operators.
RECOMMENDATION:
The Court has considered all presentations made by both sides. The Court endorses the creation of a new position by the company, to carry out the warming up operation, on the same terms as a night worker. The Court notes that this position is a full time permanent position. However, in order to allay the fears of the Unions, the Court recommends that the company must give more assurances to the Unions regarding the terms of this new position.
Assurances must be given to the 2-Shift operatives regarding their continuation on the Monday morning warming up operations, and an assurance that this new position will not impact on the numbers employed elsewhere. In the light of these assurances, which the company gave in Court, the Court recommends that the company's proposal of an extra job should be accepted.
Signed on behalf of the Labour Court
Caroline Jenkinson
31st March, 2000______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.