FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UDV OPERATIONS IRELAND LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Sunday payment.
BACKGROUND:
2. The Company is engaged in the manufacture and bottling of Cream Liqueurs and Spirits such as Baileys, Smirnoff and Sheridans at its site at Nangor Road, Dublin. It employs one hundred and twenty workers.
In 1999, the Company built a plant to make its own cream blend which is one of the ingredients used in the manufacture of Baileys. As this ingredient needs to be made one day in advance of processing, the plant needs to operate from Sunday to Thursday instead of the normal pattern of Monday to Friday.
Six process operators were recruited internally to work in this area. Payment for Sunday work was not agreed but is being operated on an overtime basis.
The dispute before the Court concerns a claim by the Union on behalf of the six process operators for an improvement in the Company's offer of a gross annual allowance of €2,539.48 for Sunday and Public Holiday working.
Local discussions could not resolve the issue. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 4th of January, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th of January, 2002.
UNION'S ARGUMENTS:
3. 1. The workers concerned took up the positions on the basis of working a single shift on Sunday. There is now a double shift required on a Sunday.
2. The Company offer is derisory and should be significantly improved.
COMPANY'S ARGUMENTS:
4. 1. The workers concerned were advised at interview that they could be required to work every Sunday.
2. The offer of time and a half of basic pay plus shift allowance for hours worked on Sundays and Public Holidays is reasonable and should be accepted.
RECOMMENDATION:
The Court has given consideration to all aspects of this claim. Six employees entered into a new contract in 1999, covering a nine-day fortnight based on Sunday to Thursday, Sunday to Wednesday roster. No agreement could be reached on the appropriate rate for working the rostered Sundays. In the meantime, therefore, cover on Sundays has been provided on an overtime basis.
Considering the unsatisfactory situation which had developed where these members have not been able to work the new arrangement and have provided Sunday cover on an overtime basis pending resolution of the matter, the Court recommends that the Company's offer to pay time plus half for Sunday working should be increased to time plus 60%. This payment will be made on the consolidated rate (i.e. the basic plus the shift rate of 25%).
A number of residual issues remain unresolved concerning the operation of the new rota; the Court recommends that these issues should be discussed between the parties or under the auspices of an Industrial Relations Officer of the Labour Relations Commission if necessary.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th February, 2002______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.