FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DROGHEDA CONCENTRATES (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Extra week's holidays.
BACKGROUND:
2. Drogheda Concentrates is part of the Coca Cola Company and manufactures soft drink concentrates for global supply to the Coca Cola Bottling System. The Company employs approximately 255 workers.The workforce is represented at operative and administration level by SIPTU. The maintenance personnel are represented by the TEEU. The claim relates to 18 craft workers.The Company operates a service relates leave scheme described as Top of Scale Holiday Option (TOS). Staff who reach the top of the incremental pay scale are paid an annual lump-sum payment which is equivalent to one week's pay. In 2002 following negotiations with SIPTU on behalf of operatives, the Company agreed to alter the scheme to allow for one week's holiday instead of one week's pay, subject to certain conditions. One of the key conditions was that a maximum of 13% of workers in any area/department could avail of the TOS holiday option in any one year. The Company then decided to extend the option across the site and offered it to the TEEU. While SIPTU staff members accepted the scheme the TEEU declined to participate. At local negotiations the TEEU requested the Company to alter the offer as it claimed that the list of conditions laid down were not applicable to the craft workers who operate a different agreement to SIPTU workers. TEEU also requested the Company to consider the option of craftworkers taking the extra week's holidays on a day at a time basis. Management rejected the Union's request. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 29th April, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 28th July, 2004.
UNION'S ARGUMENTS:
3. 1. All representative groups negotiate separately to each other and have separate agreements with the Company. One of the main differences is that TEEU members operate an annualised hours agreement, guaranteeing cover at all times and providing for more flexibility and cooperation with the Company's changing demands.
2. The craftworkers, given their annualised hours agreement, and totally different system of working should have a different formula applied to them without leading to similar claims from other categories.
COMPANY'S ARGUMENTS:
4. 1. The scheme is a site-wide uniform scheme available to all non-management staff on a universal basis. The Union is seeking a modified and exclusive scheme for its 18 members. The TOS benefit in its original form of payment always operated on a site-wide basis.
2. Management considers that there is no justification for a customised scheme for TEEU members. The existing benefit is fair and reasonable and must be uniform to all employees.
3. Concession of a modified scheme as sought by TEEU would have significant knock-on implications for other groups and unions.
RECOMMENDATION:
The Court, having given full consideration to the written and oral submissions of both sides, does not recommend that separate arrangements be made for the implementation of the Top of Scale Holiday Options scheme for craft workers and rejects the Union's claim.
The Court would, however, recommend that in the future, where there is a new or restructured company wide benefit being introduced, it would be in the interests of all concerned to engage in a process of consultation with all interested groups as to its manner of introduction and operation. Such a level of consultation could normally be expected to prevent claims of this sort arising in the future.
Signed on behalf of the Labour Court
Raymond McGee
5th August, 2004______________________
TOD
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.