FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 S2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001, AS AMENDED BY THE INDUSTRIAL RELATIONS(MISCELLANEOUS PROVISIONS) ACT, 2004 PARTIES : GERARD LABORATORIES (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Referral from the Labour Relations Commission under the Industrial Relations (Amendment) Act, 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004.
BACKGROUND:
2. The Company is a generic pharmaceutical manufacturer and employs 320 workers. It was purchased by Merck KgaA in 1996 and is a division of the Merck Generics Group. The Company does not recognise any union for the purposes of collective bargaining The issues in dispute are as follows :
Changes to shift patterns
Selection for shift patterns
Changes to clocking in procedures.
1. Changes to shift system.
Typically employees in the Packaging department worked shifts as follows:
Day:
Monday-Thursday 08.00-16.30
Friday 0800-15.15
Evening:
Monday-Thursday 16.15-02.30
In 2004 a decision was made at group level that all plants should be available to work a 24 hour shift system as business demand indicated . In preparation for this the Company decided to introduce a new rotating shift pattern from 7th March, 2005. The new shift patten, as applicable to all staff is detailed as follows:-
Day:
. Monday -Thursday 07.00-15.30
Friday 07.00-14.15
Evening:
Monday-Thursday 15.15-00.15
Friday 14.15-19.15
All staff were notified of the shift changes in November, 2004. Staff were also notified as to which shift they would be working i.e. early or late start with the publication of the team lists and shift hours.
Selection for shift patterns:
All staff are required to work both rotating shifts and it is not feasible to accommodate workers preference for day or evening shifts only as applied to a small number of workers heretofore.
Clocking procedures:
This issue concerns the production department. Management claims that the company handbook states that all employees must be ready to commence work at their work stations at official start time and there has been no change in this procedure. Due to renovations there was a temporary change in the location of the clocking machine used by production staff. Staff have now reverted back to clocking at Terminal 14 where they had clocked prior to renovations. The Company states that some staff had failed to clock at these machines following the renovations despite management instructions to do so and had continued to use Terminal 13 at the entrance to the canteen to clock in /out. They were issued with individual memos reminding them that ' Given the fact that you have clocked using the correct terminals in 2003 your change to clocking procedure is unauthorised. You are requested to revert to the required clocking procedure as clarified'. Terminal 13 is used for clocking for breaks during shift and is placed specifically at the entrance to the canteen.
The Union sought a meeting with the Company to discuss these issues but the Company refused to engage in negotiations with the Union. The dispute was referred to the Labour Relations Commission under the provisions of the enhanced Code of Practice on Voluntary Disputes Resolution ( S.I . No. 76 of 2004 ). Both parties participated in this procedure but agreement was not reached. The dispute was referred to the Labour Court on the 3rd March, 2005 in accordance with Section 2 of the Industrial Relations (Amendment) Act, 2004. A Court hearing was held on the 4th May, 2005.
UNION'S ARGUMENTS:
3.Changes to shift pattern.
1. The compulsorily imposed change has severely affected many staff ,mostly female who worked a fixed shift, and their domestic and social arrangements have had to change significantly. The Union is seeking that packing department staff ,who previously worked a fixed shift, with a demonstrable need to provide family care or supervision be permitted to work the day or evening shift, as appropriate, without loss of pay.
2. All staff working on rotating shifts should be offered a free medical assessment and transferred to a fixed shift if such an assessment shows that a worker is or might be affected by either night work or work on rotating shift.
3. The Union is seeking a once off payment of 156 hours basic pay to each member of the packaging department to reflect the disruption caused to them by the mandatory and unconsulted-for move to rotational shift work.
Selection for shifts.
1. Staff were not given an option when the two-cycle shift pattern was introduced as to whether they worked the A or B pattern. As well as disrupting social networks at work, this imposition of arrangements has also made practical adjustments to the change, particularly as regards transport and car sharing difficult. The Union is seeking that shift positions be advertised internally and allocated first on a voluntary basis, and where this is not possible on a seniority basis.
Clocking procedures.
Production staff are being penalised by the need to 'garb up'and 'garb down' on their own time. From the time of arrival at the main entrance staff are expected to arrive at the production floor, change and 'garb up' in a changing room, then enter a 'stepover area' prior to clocking in at Terminal 14. Effectively these procedures mean that an 11 page Standard Operating Procedure imposed by the Company has to be followed twice daily without pay, procedures estimated to take 10 minutes by workers. This is unnecessary, as production staff are allowed to clock in and clock out for breaks in company time at a newly installed terminal just outside the canteen (Terminal 13) . The Union is seeking that production staff be permitted to clock in/out on Company time by clocking in/out at the beginning and end of each shift at this terminal.
COMPANY'S ARGUMENTS:
4.Shift patterns.
1. All staff have signed contracts which require therm to work flexible shift patterns as determined by business needs. At interview all staff were informed that rotating shifts were the norm and only in exceptional circumstances were staff accommodated on preference shifts. Such staff were aware that this was not guaranteed.
2. The company handbook clearly states that 'due to the nature of the business the Company reserves the right to introduce /change any shift and /or working hours as it deems appropriate in order to meet operational or commercial requirements. No change in shift/hours of work will be implemented without prior discussion with staff.'
3. Shift patterns have changed on four previous occasions in the Company without incident.
4. Staff were notified of the changes four months in advance of the changes being effected.
5 Any grievances raised were dealt with directly with the staff concerned and no further grievances have been raised since the shift pattern was introduced.
Selection for shifts.
1. It was not possible to accommodate staff according to their preferences regarding which shift and with whom to work-business needs, training and quality issues dictated allocation of shift and skills.
2. The Company aimed to make the transition to new working hours as easy as possible-bus timetables were taken into account, a minibus is provided and four months advance notice was given of the change.
3. The new working hours have been universally accepted by the staff concerned and all comments received subsequently have been positive due to the earlier finishing times involved.
Clocking procedures.
1. There have been no change to start and finishing clocking procedures other than a reversion to previous practice following the completion of renovations.
2. Production staff previously clocked at Terminal 14 and are only being asked to revert to normal practice.
3. There has been no change in instructions regarding punctuality and preparedness for work and the practices operated in the Company are in line with industry norms.
4. The use of Terminal 13 has now led to a change in the procedure outlined in the company handbook which had stated 'You must clock out when you leave your workstation and before you remove your work garment. On clocking back you must be attired for work' The location of Terminal 13 allows staff to leave their workstations, remove their coats and then clockout for their break. This is of benefit to them.
RECOMMENDATION:
The Court has considered the matters raised in this case and recommends as follows:
Changes in Shift Patterns /Selection for Shift Pattern:
Given that-
(a) staff are required by contract to work both shifts, but a number have been facilitated up to now.
(b) four months' notice of the change was given.
(c) the shift premium has been increased from 10% to 20%.
The Court does not recommend concession of the Union's claim under this heading. The Court would, however, ask the Company to sympathetically examine individual cases brought on a family-friendly basis with a view to ameliorating any hardship arising.
Change to Clocking Procedures:
The Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
18th May, 2005______________________
todDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.