FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOLIDEN TARA MINES (REPRESENTED BY IBEC) - AND - UNITE THE UNION TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms O'Donnell |
1. Failure to pay a lead in payment for moving to a 10.5 hour shift.
BACKGROUND:
2. This dispute relates to a lead in payment of €1400 for staff changing from an 8 hour shift to a 10.5 hour 4 cycle-shift roster.
- The Unions said the Company confirmed in a letter, a day before a ballot, that it would pay all staff involved in the shift change the lead in payment. However, the Company has refused to pay 25 Workers the payment.
The Employer said that it had never intended to pay the lead in payment more than once and that all Craft Workers involved had received the payment in 2009 or in 2014.
- 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 the 27th January 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 25th February 2016.
UNIONS ARGUMENTS:
3. 1. An Interim Sustainability Agreement (ISA) was agreed to run from July 1, 2014 to June 30, 2015 which aimed to reduce costs and introduce a new shift pattern.
2. Part of the negotiations involved payment for those members changing shift patterns from 8 hour 2 cycle shifts to 10.5 hour 4 cycle shifts. There was precedent from the 2009 Agreement for a payment of €1400 for all craftsmen changing shift patterns.
3. When the €1400 was not included in the ISA, UNITE contacted Management who confirmed in a letter that payment would be made in September 2014. This formed part of the Agreement which the members balloted on.
EMPLOYER'S ARGUMENTS:
4. 1. Miners made significant changes as part of the 2009 Agreement to support the viable operation. They work 10.5 hour 4 cycle shifts, and received the “€1400 lead in payment” for changing to the 10.5 hour shift.
2. This payment was also made at that time to most Craft Workers including Surface Craft Workers, although they only made small changes in 2009 to support the other groups.
3. The majority of the ‘surface’ group is now looking for this payment to be made to them a second time in respect of the 2014 Agreement. Payment was made to those Craft Workers who had not already received the payment of €1400 but who were now changing to the 10.5 hour shift.
RECOMMENDATION:
The matter before the Court concerns a claim by both Unions on behalf of 25 Fitters for payment of a lead in payment of €1,400 as provided for in the Interim Sustainability Agreement 2014- 2105, to those involved in a shift change. The Unions pointed to a letter from management dated 28thAugust 2014 which stated the following:-
“I can confirm that the lead in payment for those transferring from an 8 hour shift to a 10.5 hour 4 cycle shift roster will be €1,400 and will be paid in September.”
This letter was sent to the UNITE trade union on the eve of the ballot to be taken in relation to the Sustainability Agreement 2014- 2105 and was in response to queries raised by the Unions on the question of payment of the lead in payment to the Claimants affected.
The Company disputed the entitlement of the Claimants to the lead in payment on the basis that they had already received a lead in payment in 2009.
Having considered the oral and written submission made the Court notes that the Claimants received a lead in payment in 2009 for changes to their shift pattern at the time. There is no dispute that these workers are now transferring from an 8 hour shift to a 10.5 hour shift 4 cycle shift roster, therefore in line with the provisions of the Agreement balloted upon, and as confirmed in the letter dated 28thAugust 2014, the Court recommends that the lead in payment of €1,400 should be paid to the Claimants involved in this claim.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
8th March, 2016.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.