FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BULMERS AND GRANTS OF IRELAND LIMITED (SHOWERINGS IRL.) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. 1. Consolidation of overtime. 2. Inclusion of shift rate in sick pay
3. Expansion period of benefit under sick pay scheme
BACKGROUND:
2. The Company is involved in the processing, manufacturing and bottling of ciders, perries, fruit juices and soft drinks at its Clonmel plant. The Company operates a 2 shift and a 3 shift cycle. The 2 shift is 6.00 a.m to 2.00 p.m.and 2.00 p.m. to 10.00p.m. The 3 shift has an additional 10.00 p.m. to 6.00 a.m. shift. The Union's claim involves 3 issues:
(1) The inclusion of shift pay (i.e. basic plus shift ) for overtime worked on Saturdays.
(2) The shift rate should be included in sick pay and
(3) The extension of the sick pay scheme from 13 weeks to 26 weeks.
The first 2 claims were the subject of a previous Labour Court recommendation LCR15229 which issued in July, 1996.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 16th day of November, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th day of January, 2002, in Clonmel.
UNION'S ARGUMENTS:
3. 1. Claim 1. Workers on permanent shift have the shift premium included in their basic pay. If they are required to work overtime on Saturdays it is only fair that the overtime premium is paid on the consolidated basic plus shift pay.
2. Claim 2. The Company is substantially out of line with comparable drinks employments, e.g. Gilbey's and the Guinness Group. If shift pay was included in sick pay the Union is agreeable to a 12 month review and, should there be evidence of abuse of the scheme, would be willing to have it withdrawn.
3. Claim 3. A sister company of Showerings, - C.& C. - has twice as many weeks on full pay in its sick pay scheme i.e. 26 weeks as against the Company's 13 weeks. The Union is prepared to phase in the extra weeks over a period of time as per Clause 10 of Framework 1, Annex 1 of the Programme for Prosperity and Fairness. (PPF).
COMPANY'S ARGUMENTS
4. 1. Claim 1. It has been the custom for many years that overtime worked at the weekend is paid at the appropriate rate. The Company does pay the relevant shift premium on Saturdays but only where the complete shift rota has been completed.
2. Claim 2. The Company's sick pay scheme is one of the best in the country and has a number of benefits (details supplied to the Court ). Concession of the claim would lead to numerous knock - on claims from other groups. The Labour Court has already found against this claim in LCR15229.
3. Claim 3. The current scheme of 13 weeks is well above the norm. It is already costly, and concession of the claim would add to the cost. The level of absenteeism within the operations area is high.
RECOMMENDATION:
The Court has considered the written and oral presentation made by the parties and finds as follows:-
Shift Premium on Saturday Overtime
The Court recommends that overtime payments made for working on Saturdays should be based on the consolidated rate, i.e. basic pay plus the appropriate shift premium. Therefore, the Court recommends concession of the claim.
Inclusion of Shift Premium in the calculation of sick pay
The Court is satisfied that the claim for the improvement in the sick pay scheme does not meet the criteria laid down by the terms of the Programme for Prosperity and Fairness and , therefore, is precluded by it. Accordingly, the Court does not recommend concession of the claim.
Claim for the extension of the sick pay scheme
The Court recommends that management should give consideration to the possible extension of the sick pay scheme up to 26 weeks in exceptional circumstances.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th February, 2002______________________
CO'N/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.