FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : EATON AUTOMOTIVE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Shift working.
BACKGROUND:
2. The Company manufactures and supplies automotive components to major automotive manufacturers around the world. The Company currently employs 150 people.
The dispute before the Court concerns the refusal by three employees to transfer from a two-shift cycle to a three-shift cycle pattern.
The dispute could not be resolved at local level and was 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 29th July, 2005, in accordance with Section 26(10 of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th April, 2006.
UNION'S ARGUMENTS:
3. 1.The workers concerned are employed in the tool room and during their employment with the Company have never been required to undertake 3-cycle shift work.
2. The Company's proposal is a fundamental and unacceptable alteration to the worker's terms and conditions of employment.
COMPANY'S ARGUMENTS:
4. 1. There is a Company/Union Agreement in place. Section 7 outlines the agreement on shift work as follows:"it shall be a condition of employment that all workers to whom this agreement relates shall be agreeable to work shift work."
2. It is a condition of employment that each general worker, craftsman and apprentice becomes a full paid up member of SIPTU, therefore the agreement applies to the workers concerned.
RECOMMENDATION:
The Court notes that a collective agreement exists between the Union and the Company which requires employees to work shifts, including three cycle shifts, as required. The Agreement remains in force and is applicable to all of the Company's staff, including those associated with the present claim. The Court cannot see any basis upon which it could hold they could be exempted from the obligation to comply with the Agreement.
Accordingly, the Court recommends that the workers concerned agree to work three cycle shifts as required.
Signed on behalf of the Labour Court
Kevin Duffy
27th April, 2006______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.