FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MONDELEZ PRODUCTION LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION UNITE DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Shift Allocation (Access For Night Workers To Two Cycle Option On Seniority).
BACKGROUND:
2. This dispute concerns the manner in which Workers on night shift are moved to another shift. This 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 18th July, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th September, 2013.
UNIONS' ARGUMENTS:
3 1 The principle of seniority has always been at the core of every agreement between the Unions and the Company.
2 The principle of seniority must be protected.
3 The Workers on the night shift are being forced to suffer a disproportionate financial loss.
COMPANY'S ARGUMENTS:
4 1 The present arrangements were introduced with agreement in 1988 and have operated satisfactorily since then.
2 Concession of this claim would lead to inevitable knock-on claims from other Workers.
3. Concession of this cost-increasing claim would cause inefficiencies, disruption and disharmony.
RECOMMENDATION:
Having regard to all the circumstances of this case the Court does not see any reasonable basis upon which it could recommend an alteration in the current arrangements on transfer between shifts.
Signed on behalf of the Labour Court
Kevin Duffy
20th September, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.