FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIPHAR GROUP (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Five over six day working week.
BACKGROUND:
2. The Company is involved in the distribution of pharmaceutical related products on a countrywide basis. It originated in 1995 with United Pharmaceutical Co-operatives takeover of Allied Pharmaceutical Distribution. The Company claims that it has 2 groups of drivers:
A- team:5 drivers that have terms and conditions of employment pre-dating the takeover in 1995. These conditions have been 'red-circled' and the drivers work a 5 over 5 day (Monday to Friday) week and receive guaranteed overtime for Saturday working.
B-team:7 drivers who have joined the Company since 1995 and whose weekly working arrangements are determined in accordance with their contracts of agreement. This includes working a 5 over 6 day week (Monday to Saturday) with a day off during the week.
The Union sees the operation as divided in A and B 'runs' rather than A and B drivers, with the first part of the B runs being the most lucrative. These runs, the Union claims, are worked on a 5 over 5 day week, with the second part on a 5 over 6 day week. The Union claims that if the first part of the B runs is worked on a 5 over 6 day week it will eliminate Saturday overtime as they will have to work Saturday as a normal day. (The 5 A team drivers are not obliged to do overtime on Saturdays and if they choose not to B team drivers will do the runs.)
The dispute concerns the refusal of some of the B team to work a 5 over 6 day week.
The Company operates a seniority system for van drivers since 1995 whereby the longest serving driver operates the top ranking (in terms of earnings) run. As each driver retires, the driver below him moves up in line to a higher ranking run.
In February, 2003, a senior member of the driving division retired and a new roster was developed for the B team. Some of the drivers who moved up the ranking ladder refused to work the 5 over 6 day week, claiming that they were no longer bound to do so.
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 13th October, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st of March, 2004, in Limerick, the earliest date suitable to the parties.
COMPANY'S ARGUMENTS:
3. 1. All the B team drivers have signed contracts of employment and this includes working a 5 over 6 day week.
2. The 5 drivers employed before 1995 have their employment red-circled as working a 5 over 5 day week.
3. The 7 B-team drivers have consistently been working a 5 over 6 day week up to the date of the dispute. The ability to roster drivers on a 5 over 6 day week is central to the future requirement of the Company.
UNION'S ARGUMENTS:
4. 1. The Company's proposal would effectively eliminate Saturday overtime. It would also mean that the workers would lose one day per week from their higher earning run when they have to take a day off during the week. Saturday work will not make up for this as the allowances are smaller and the runs are shorter.
2. The existing seniority system will be affected as less-senior drivers will not have the opportunity to progress to a 5 over 5 day week as is currently the agreement.
RECOMMENDATION:
The issue referred to the Court relates to the Company's concerns over the refusal of the van drivers to adhere to five over six day working as provided for by their contracts of employment. The Union views the issue as the Company attempting to introduce a restructuring of delivery runs to allow for a roster covering Saturday working as normal time and not as overtime.
Having considered the submissions of both parties, the Court is satisfied that, on taking over the Company in 1995, the Uniphar Group retained the terms and conditions of employment of van drivers employed at the time and introduced new terms for new drivers, thereby red-circling the terms of those employed by the previous employer. The terms of new contracts of employment state that all drivers employed since the take over are now required to work a five over six day working week. The Court is of the view that this contract requirement imposes a clear and unambiguous liability on these drivers. The Court recommends accordingly.
Therefore, the Court is satisfied that it is the drivers who are in a red circled position and not the delivery runs as submitted by the Union.
However, it was pointed out to the Court that there may be occasions when a driver is disadvantaged by having to work a lower value run on a Saturday while a relief driver operates his normal run on his day off during the week. This had clearly caused problems, which the Court recommends should be addressed by the parties.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th April, 2004______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.