FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BECKMAN COULTER LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. 1. Increased payment for Sunday working 2. Method for calculating service days.
BACKGROUND:
2. Beckman Coulter Inc. is a division of Beckman Coulter Incorporated which is an American Multinational, with a facility in Galway for over 30 years. It employs about 140 workers in the medical/healthcare sector. The Company manufactures medical devices.
The dispute concerns two issues:
(1) Increased payment for Sunday Working
- 5 workers are seeking a minimum payment of 4 hours overtime when they are required to work Sundays.
(2) Method for calculating service days
- How the method of calculating entitlements to service days is carried out. This element of the claim effects approximately 70 workers.
- The issues could not be resolved at local level and were 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 10th November, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th July, 2005.
UNION'S ARGUMENTS:
3.1 Increased payment for Sunday Working
The Union contends that working for only two hours on Sunday is not feasible as this would only give them 2 hours pay and should be guaranteed 4 hours overtime.
2. If 4 hours overtime cannot be guaranteed the workers should be paid the full 4 hours as a minimum. (This is in line with what the maintenance department in the same Company receive for a call out). Maintenance men are guaranteed 4 hours minimum at double time for call out on Sundays.
3. The agreed rate of pay paid in the Company/Union Agreement for Sunday work is double time and the issue of pay for the actual hours worked is not in dispute.
4. The Company claims that the Union is precluded from raising this issue under the Terms of Sustaining Progress. The Union disagree with this because the Company themselves had introduced a change that has worsened the conditions of employment of workers when in the past they had to work on a Sunday they worked 4 and 6 hours
5. The Company have reduced this to 2 hours which makes it not viable for workers to attend.
1. Method for calculating service days
The Union are seeking the right of employees to receive the benefit of service days as a separate entity. That, when an employee leaves, retired or is made redundant they automatically receive their benefit in full, ie after 25 years completed service with the Company the claimant has earned 7 days service holidays, and should be entitled to take them during the 26th year even if they left during the year.
2. The Union claims that service days are separate from holidays and have been negotiated over the years as part of the House Agreement. The Company has received numerous flexibility and benefits in return.
3. The Union sees the service days as personal to the holder as each employee must work the required number of years to receive the benefits.
COMPANY'S ARGUMENTS:
4.1 Increased payment for Sunday Working
The claimants, approximately 5, work in a key part of the plant. On a regular basis these workers have worked Sunday overtime over the last 4 years without any issue.
2. On average, each worker was required to work, 12 Sundays, in 2002, 9 in 2003, 5 in 2004 and 3 so far in 2005. This decrease is due to improved scheduling. The number of hours worked on a given Sunday can vary from 1 hour to 5 hours.
3. This practice was introduced back in 2001 and received the full cooperation of the group until recently. The payment is for double time, as provided for in the House Agreement.
4. The Company view this claim as being in breach of Sustaining Progress ie. Cost increasing claim not provided for.
5. This is critical work, which has to be done very occasionally on a Sunday. The Plant Agreement provides for the terms of payment, namely double time irrespective of how many hours are worked.
6. The number of time that Sunday work has to be carried out and the length of time has been falling over the years. However, it is still essential that the work gets done so that weekly production can be carried out as efficiently as possible.
1. Method for calculating service days
The standard annual leave is 20 years. With longer service extra days are earned. An additional day for each years of service for the first five years, (20 + 5) can be earned. After 15 and 20 years service an extra two days on top of the 5 earned, gives a total of 27.
2. It has been the practice in the Company that service days are not treated differently from the 20 standard days.
3. Anyone who leaves after 15 or 20 years and leaves mid year would only get half the extra serviced days entitlement rather than the full amount. Likewise they would only get half their standard holiday entitlement for the year.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends as follows:
Claim A - Guaranteed Sunday Overtime
In the circumstances of this case, the Court regards the Union's claim for a minimum of four hours work on overtime on Sundays as reasonable and recommends its concession.
Claim B - Service Holidays
The Court is satisfied that the present arrangements are well established by custom and practice. The Court does not recommend any change in those circumstances.
Signed on behalf of the Labour Court
Kevin Duffy
12th July, 2005______________________
JBChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.