FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TEMMLER IRELAND LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Various issues
BACKGROUND:
2. The plant in Kilorglin, Co. Kerry produces solid oral doses in bulk form. It originally manufactured product to meet six-month forecasts. Due to a change in the nature of the industry it is now a contract manufacturer competing for short production runs. There are 3 issues involved in the dispute:
(1)Working overtime during the week:the Company want employees working in the Pellet Plant (approximately 16) to work a reasonable amount of overtime if and when required by management. The Company states that it is having great difficulty in getting employees to do the overtime. One issue in dispute is what the overtime is being used for - whether extra product is being manufactured or whether the overtime is required to complete the day's planned schedule.
(2)Saturday overtime and an appropriate premium:an issue for the Company is that workers are reluctant to do a few hours' overtime on Saturday, preferring instead to do a full shift. The Company's case is that the Company/Union agreement states that if a number of hours less than a full 8-hour shift is required then premium payment is time plus 75% on the basic rate. The workers' position is that the 75% premium should be applied to the basic hourly rate plus 25%, i.e. the Monday to Friday shift rate of pay.
(3) Holiday schedule: this issue arose in 2009 when Thursday 31st December fell between plant shutdown and a public holiday followed by a weekend (it is not an issue every year). The Company believes there is no sense in starting production for the day and then shutting down for a long weekend. It announced a Company holiday for that day. The Union believes that fixing 31st December as an annual leave day is in breach of the Company/Union agreement.
The dispute was referred to the Labour Relations Commission (LRC) and three conciliation conferences took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 2nd March, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th October, 2011, in Tralee. The following is the Court's recommendation:
RECOMMENDATION:
- The Court notes that the issues before the Court have been the subject of negotiations between the parties since 2006 and were the subject of three Conciliation Conferences at the Labour Relations Commission. The Court also notes the Company’s requirement for flexibility in order to address its changing production requirements in the current climate.
The Court has carefully considered the submissions of the parties and recommends as follows in respect to each of the issues referred for investigation.
The Court notes that the issue of the appropriate premium for working on Sunday nights as part of a shift roster has been withdrawn and is no longer an issue before the Court.
1. Working Overtime on Saturdays and the Appropriate Rate for Calculation of for Overtime rate.
The Company/Union Agreement states as follows:- “It is agreed that workers to whom this Agreement relates will work a reasonable amount of overtime if and when required by management to do so.”
In accordance with the Company/Union Agreement, the Court recommends that workers should work a reasonable amount of overtime on Saturdays when required by management for,inter alia, the purposes of working on planned production requirements, for whatever period is required, whether that period is for eight hours on a Saturday or for a lesser period on the day. In such circumstances the Court recommends that the Company should endeavour to give as much notice as possible beforehand but in any event at least 24 hours’ notice.
The Court recommends that where shift workers work overtime, whether on weekdays or at weekends, the overtime rate should be applied to the consolidated rates, i.e. to the basic plus the appropriate shift premium.
2. Requirement to Work Overtime During the Week
The Court notes that the Company already has co-operation from workers to work overtime in emergency situations and, therefore, the issue relates to its requirements for overtime to carry out planned production in the Pellet Plant. The Company told the Court that typically it would require two or three workers for two or three days per week to work two to three hours and this requirement may occur every five or six weeks.
Similarly, as recommended above, in accordance with the Company/Union Agreement, the Court also recommends that both day and shift workers should work a reasonable amount of overtime during the week to carry out planned production as required. In such circumstances, the Court recommends that the Company should endeavour to give as much notice as possible beforehand but in any event at least 24 hours’ notice.
Furthermore, the Court recommends that the parties should devise a rota of employees to carry out this work.
3. Christmas Shutdown Period
Due to a plant shutdown between Christmas and New Year the Company have a requirement to assign annual leave days or flexitime days to that period. The Court notes that both the Company/Union Agreement and the Organisation of Working Time Act, 1997, provide for this. Accordingly, the Court has no hesitation in recommending that the Union should accept management’s rights to assign days to the shutdown period as required.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th October, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.