FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TYCO HEALTHCARE IRELAND LIMITED (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Four shift cycle - conditions claim for setter grade.
BACKGROUND:
2. The Company manufactures a range of medical devices at its plant in Tullamore, where it currently employs over 600 workers. In February, 2001, the Company announced its intention to introduce a four shift cycle in the Moulding department. Meetings then took place with the Union and it was agreed to introduce the new four shift cycle on a three month trial basis. Some employees volunteered for the new shift arrangement and others were redeployed.
The Union's claim is for a lead-in payment of €254 per year of service to be made to approximately twenty five of its members in the Moulding department. The Union is also seeking an improvement in the canteen facilities for night shift workers. A conciliation conference took place on the 10th of April, 2001, under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 13th of June, 2001, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing was held in Tullamore on the 29th of January, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Company announced the introduction of the new shift pattern without consultation or agreement with the Union. It altered the workers' terms and conditions of employment unilaterally.
2. It is not unreasonable to expect some monetary consideration to reflect the major changes to terms and conditions of employment. The Union is seeking a lead-in payment of €254 per year of service.
3. On a previous occasion, the Labour Court suggested a lead-in payment for the introduction and acceptance of gainsharing. This was implemented by the Company. Other companies have also made various settlements for the introduction of new shift patterns (details to the Court).
4. The claimants have tolerated a working environment without adequate canteen facilities since last April. They should be rewarded for their efforts and the inconvenience caused to them.
COMPANY'S ARGUMENTS:
4. 1. Lead-in payments have never formed part of the Tyco culture. The Tullamore plant has approximately eight different shift patterns and has not paid a lead-in payment for any of them.
2. The introduction of the four shift cycle in the Moulding department is not a new concept within the company, as a four shift cycle has been operating in the plant since 1997.
3. The move from a three shift cycle to a four shift cycle was on a voluntary basis. Two new shift patterns were introduced in July and August, 2001, and a lead-in payment was not mentioned.
4. The Company is currently negotiating with three canteen providers and expects to improve the facilities by the introduction of appropriate vending machines.
RECOMMENDATION:
When the Company introduced the four-shift system in February, 2001, the Court considers that the lack of consultation with the Union on its introduction was unacceptable. However, there clearly is a culture of shift working within the company, even four shift working, therefore, the Court does not see merit in recommending a lead-in payment, especially as the employees' earnings will be increasing and not decreasing.
The Court notes that the canteen facilities, which have been unsatisfactory up to now, will shortly be improved with the introduction of vending machines.
If a significant majority of those on four-shift wish to alter their shift pattern, then the Court recommends that consultation should take place on a change of pattern while maintaining a four-shift cycle.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th February, 2002______________________
D.G./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.