FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : METAL PROCESSERS LIMITED (REPRESENTED BY MANAGEMENT SUPPORT SERVICES) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Reorganisation of working hours, shifts & staffing structures.
BACKGROUND:
2. The Company is in the business of manufacturing lead flashing which is primarily used within the domestic housing market. This aspect of the Company's operation is divided into two activities, refining and processing. The Company currently employs 18 operatives.
The matter before the Court concerns negotiations between the Union and the Company concerning changes the Company wishes to make in its operation in order to become more cost competitive and therefore remain viable. The changes are concerned with monetary matters and work practices.
The dispute could not be resolved at local level and was the subject of four conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 7th May, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th June, 2008.
It was agreed between the parties that the Court would only deal with the monetary issues at this hearing which were identified as a) the basic hourly rate of pay, b) compensation/ loss of earnings formula for those losing shift payment, c) lead in payment and d) a pay increase.
COMPANY'S ARGUMENTS:
3. 1. The Company has proposed a 15% premium to be applied to the new shift pattern and this has been agreed to by both parties.
2. The Company proposal is for a) an increase of €1.50 per hour on the basic rate, b) an increase in annual leave from 20 to 25 days.
3. The Company has also offered a lump sum payment of €1650 to all current shift personnel and that there would be a lead in payment of €500.
UNION'S ARGUMENTS:
4. 1. The Union is seeking an increase of €2 per hour to compensate for their losses.
2. The Union is seeking an increase in the holiday entitlement from 20 to 25 days which is what is proposed by Management.
3. The Union is seeking a lead in payment of €5000 for all employees to fully accept all changes.
RECOMMENDATION:
Having considered the positions of the parties and having clarified the issues which were before it, the Court recommends as follows, consequent on the parties' last stated positions -
Concession of "red circled" rate: The Court does not recommend concession of this claim.
Increase in hourly rate: The Court recommends an increase of €2.00 per hour.
Loss of earnings: Compensation to be based on two years' loss for 25 years service and pro rata downwards. Shift lump sum to remain at €1,650 per head.
Lead-in paymentto be €2,000 per person.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
7th July, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.