FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BAUSCH & LOMB (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Start and finish times for shift working.
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 2 March 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 21 April 2017.
UNION’S ARGUMENTS:
3. 1. The proposed shift time changes are contrary to longstanding work practices and also to a longstanding Company/Union Agreement.
2. This Agreement has served both the Company and the Union members very well and has given flexibility to the Company.
3. The changes sought by the Company would result in a significant impact on the Union’s members.
EMPLOYER'S ARGUMENTS:
4. 1. The Company/Union Agreement specifically allows for a change to shift systems or work hours.
2. The Company has reassured the Union that the only production lines where the start times changes are required are the new high speed GIMA lines. These affect six Technicians who were made aware at interview stage of the likely change to start times.
3. The Company is totally opposed to designing inefficiencies into these new work lines thereby compromising the investment and creating unnecessary and unwarranted problems.
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties in this case.
The matter before the Court relates specifically and only to the proposition that in the GIMA Lines the Technicians (6) would have their shift times aligned with the manufacturing shift times of 6.00am – 2.00pm, 2.00pm – 10.00pm and 10.00pm – 6.00am.
The Court notes that the comprehensive agreement between the parties provides that
- ‘Should circumstances so require, the Company may alter shift systems or work hours for individuals or groups’.
The Court notes that six newly recruited Technicians were advised at the point of their recruitment that they would be likely to have their shift times changed upon assignment to the GIMA lines.
In all of the circumstances the Court recommends that the shift times of the six Technicians assigned to the GIMA lines should be aligned with the manufacturing shift times in that area.
Signed on behalf of the Labour Court
Kevin Foley
24 April 2017.______________________
MNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.