FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GLANMIRE INDUSTRIES CORK (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Company/Union agreement on pay, shift, overtime and breaks
BACKGROUND:
2. The Company is involved in the manufacture of Shoe Care and Fabric Care products at its factory in Little Island, Co Cork. It employs approximately 120 people.
The Labour Court investigated this dispute on the 6th November, 2002. The Court adjourned the case to allow for further local discussions. Agreement was concluded on most of the outstanding issues. However, agreement could not be reached in relation to two rest breaks. The Company wishes to eliminate these breaks.
The Union wants to retain the rest breaks. It also requests the final phase of pay rates in the Company/Union agreement be effective after 4 months instead of 6 months.
A further Labour Court hearing took place in Cork on the 29th January, 2003.
UNION'S ARGUMENTS:
3. 1. The rest breaks have been in place for twenty years. The workers need these breaks because of the physical and repetitive nature of the job.
2. There is no loss in production as the lines continue to run throughout the breaks.
3. The Union wants the agreement on pay rates amended so as to pay the final phase after 4 months instead of 6 months.
COMPANY'S ARGUMENTS:
4. 1. The Company has abided in full by its responsibilities under the terms of the current and former national agreements.
2. Claims for additional increases can only be entertained in the context of productivity gains.
3. The Company has put forward an offer that has an increased cost of around €200,000per annum.
4. The Company accepts the repetitious and physicalnature of the work but does not view the extra breaks as necessary.
RECOMMENDATION:
The Court having considered the written and oral submissions made by the parties recommends as follows:
- The Company to accept a reduction of one break per day, rather than the proposed reduction of two breaks.
- AND -- The employees to accept the management phasing of 6 months on the final phase of pay.
Signed on behalf of the Labour Court
Finbarr Flood
27th February, 2003______________________
LW/LWChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.