FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : PWA INTERNATIONAL LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation IR315/00/GF.
BACKGROUND:
2. The Company is engaged in the overhaul and preparing of jet-engine components. It is located in Rathcoole, County Dublin and employs 150 people.
The dispute concerns the interpretation of Clause 5 of the Company/Union agreement which states:-
"Commencing 1st November 1997, Operators will be granted 3 minutes grace time on the clock before being recorded as a late. This is for the purpose of disciplinary record keeping only. Deductions in pay will continue to be made for lates. Failure to clock-in/out will be counted as a late."
The matter was referred to a Rights Commissioner for investigation and recommendation. The Rights Commissioner's findings and Recommendation are as follows:-
"I am satisfied that the Company's interpretation, which allows 12 occasions for a worker to be late within the 3 minute grace period mentioned, without it interfering with the workers bonus, is fair and reasonable.
Therefore, I recommend in favour of the Company".
The Rights Commissioner's Recommendation was appealed by the Union to the Labour Court on the 19th of June, 2000 under Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 21st of September, 2000.
UNION'S ARGUMENTS:
3. 1. The Union rejects the Rights Commissioner's Recommendation for the following reasons:-
- The worker will lose bonus if s/he exceeds 12 such lates in a year.
- The worker will be 'docked' 15 minutes pay on every occasion s/he has a late
of three minutes or less.
- On top of this the worker must in these circumstances, receive a hand-over and
work on for the next 15 minuteswithout pay.
2. The Union is seeking that:-
(i) Two lates of three minutes or less per week should be recorded before any pay is 'docked'.
(ii) All such lates be recorded and persistent offenders be disciplined.
COMPANY'S ARGUMENTS:
4. 1. Significant changes have already been made in relation to time-keeping. The number of engineering operators who have been disciplined in recent years for time-keeping offences have reduced significantly due to the introduction of the grace time.
2. Some control mechanism must exist in order to ensure that employees arrive at work on time. At present, an employee may clock in late for work on 12 occasions within the three-minute grace period and still receive the maximum bonus at year-end.
DECISION:
It is clear from the Recommendation of the Rights Commissioner that the subject matter of the dispute before him was the interpretation of Clause 5 of the amendment to the Company/Union agreement of 5th November, 1997. This clause deals only with the introduction of 3 minutes grace time in clocking in before a late is recorded against an employee.
It is clear from the wording of the clause in question that the concession granted by the Company in this amendment to the agreement is to apply for the purpose of disciplinary record keeping only. It follows that in all other respects the consequences of late attendance which applied prior to the amendment would continue.
The Court concurs with the findings and recommendation of the Rights Commissioner. The Recommendation is upheld and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
29 September, 2000______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.