FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ELEMENT 6 - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Proposed introduction of shift working in grits, proposed changes in relation to distribution centre, shift premium, banked hours, and redundancy package.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 16 May 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 2 June 2016.
RECOMMENDATION:
Background
Element Six (“the Company”) currently employs 398 staff at its Shannon facility, 120 of whom are covered by a comprehensive collective agreement – the Shannon Sustainability Plan (hereafter “the SSP”). The Company is a member of the De Beers Group which itself, in turn, is a subsidiary of Anglo American plc.
The Company, in response to negative global economic and trading conditions, has proposed a range of operational changes that affect the workers employed in two sections of the Shannon operation in particular: the, so-called, Grits Section and the Distribution Centre. The Union has raised certain concerns in relation to the likely negative effects for the workers concerned should the Company proceed with the proposed changes.
Both the Union and the Company supplied the Court with comprehensive written submissions in relation to the aforementioned issues and the circumstances in which the SSP had been agreed with the assistance of the Court in 2009.
In all, five issues were before the Court as part of the within referral: (i) the Company’s proposal to introduce shift working in the Grits Section; (ii) the Company’s proposal to subcontract the Distribution Centre to a third party operator; (iii) payment of shift premium/unsociable hours premium; (iv) the operation of the Banked Hours system; and (v) redundancy terms.
Recommendation
Having considered in some detail the parties’ written submissions, and their respective positions on each of the five issues enumerated above, as articulated to the Court, the Court recommends that the workers currently employed in both Grits Section and the Distribution Centre should be offered the option of availing themselves, on a voluntary basis, of the redundancy package on the terms provided for in the SSP or of redeployment to suitable day work elsewhere in the Shannon plant.
The Court recommends further that the Union and the Company should implement the shift premium/unsociable hour terms as provided for in the SSP.
In the event that the parties are unable to resolve the Banked Hours issue through local level discussions and/or with the assistance of the Workplace Relations Commission, the Court’s services remain available to assist the parties.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
14 June 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.