FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ANALOG DEVICES BV (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Handover days.
BACKGROUND:
2. In September, 1996, the Company chose a 5-cycle shift pattern for its 6Fab manufacturing operation. This consisted of 5 crews on a 12.25 hour rotating shift pattern which averages 39 hours over a 5-week period. Week 2 is a flexi-week which consists of 2 x 8-hour days, and Week 3 includes a 7.5 hour "handover day". The Company wishes to move the handover day to Week 2 and incorporate it into the flexi-week for operational reasons. The Company made a goodwill gesture of €500 per employee but it was rejected.. The Union is opposed to the proposal, citing a loss of flexibility in Week 2 and life balance issues. The employees have been working the new system under protest for nine months.
The case was referred to the Labour Relations Commission and a conciliation conference took place. As the parties could not reach agreement the dispute was referred to the Labour Court on the 8th of November, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th of September, 2007, in Limerick.
UNION'S ARGUMENTS:
3. 1. The move of the handover day to Week 2 cannot be regarded as "normal ongoing change" as contained in Towards 2016. The proposed change will have a major impact on the lives of the workersfor the following reasons: there could be a potential loss of overtime of approximately €2,000 per annum; workers would now have to take 23.5 hours instead of the current 16 hours to take the flexi week off; employees might have to work 3 weekends in the 5-cycle shift instead of the present 2 weekends; there would also be an unsocial aspect to the employees' work/life balance.
COMPANY'S ARGUMENTS:
4.1. The realignment of the handover day is vital to improve the effective and efficient utilization of the employees' hours in line with a continuing focus on costs. Paragraph 2.5 of the Company/Union agreement gives the Company the right to schedule basic hours for employees.
2. The set of arrangements currently in place has worked efficiently for the last nine months.
3. The Company believes that the new arrangements will actually bring an improvement to the employees' work/life balance as they will have 10 extra days per year when they do not have to be on site in exchange for working 2 x 11.75-hour days in Week 2 instead of 2 x 8-hours days.
RECOMMENDATION:
Having regard to all the circumstances of the case the Court is satisfied that the changes proposed by the Company are necessary in order to maintain the efficiency of the plant. Accordingly, the Court recommends that they be introduced on a permanent basis.
The Court also recommends that compensation for the disruption caused to employees affected as follows:-
- €600 on acceptance of this Recommendation.
- €600 after the new arrangements have been permanently in operation for three months.
Signed on behalf of the Labour Court
Kevin Duffy
11th October, 2007______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.