FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BAUSCH AND LOMB IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Compensation for loss of Shift.
BACKGROUND:
2. The Company is part of a multinational group which manufactures contact lenses at its Waterford plant on a continuous 24 hours a day 7 days a week. The work pattern for its 1,400 Employees includes three-shift working, weekends and normal day work. If the Company requires an Employee to change his or her shift pattern an established formula for calculating buy-out compensation for the change is in place, however this buy-out formula is at the centre of this dispute.
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 17th September, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th November, 2008.
UNION'S ARGUMENTS:
3. 1. The Company has increased the buy-out formulae for pay grade buy-outs and regular and rostered overtime but failed to increase the formula for shift buy-out.
2. The Company states that it has no plans to reduce the shift pattern or requirements but due to increased automation a reduction in shift work is likely in the future.
COMPANY'S ARGUMENTS:
4. 1. The Company has looked at similar comparable firms in order to operate a buy-out compensation scheme that is both fair and reasonable in line with industry norms.
2. After lengthy discussions between Union and Management both at local level and at the Labour Relations Commission the Company now considers that only the time scale remains in dispute.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court recommends that the outline proposal made at conciliation by the IRO be adopted by the parties, amended as follows:-
No of years on shiftWeeks' Buy-out
0-10 as in proposal
11 36
12 38
13 40
14 42
15 44
16 46
17 48
18 50
19 55
20 58
21 62
22 66
23 70
24 74
25 78
Other aspects of the IRO proposal to remain as set out.
Signed on behalf of the Labour Court
Raymond McGee
8th December, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.