FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOLIDEN TARA MINES (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE THE UNION TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. (1) the rotation of the Foreman grade to a day shift on a 3 monthly basis, (2) The retention of the Field Fitter annual allowance and applying it to 12 additional fitters, (3) The retention of paid breaks and (4) Manning the stores on a night shift.
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 the 16 May 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 6 July 2017.
UNIONS ARGUMENTS:
3. 1. The craft workers have the facility where one from each group of 4 rotates to a day-shift at 3 monthly intervals. Foremen want equal opportunity of swapping to a day-shift at 3 monthly intervals.
2. The Field Fitters Allowance must as per current agreement remain with the 16 individuals and apply to 12 additional Fitters.
3. Foremen are expected to man the store on a night shift. These duties are SIPTU posts and it is beyond UNITE Agreements to take up these posts.
4. The Company is gaining 1.875 hours productivity per man per week due to removing the paid lunch breaks. There is an agreement in place for a half hour paid break. The Unions want to retain the paid break as per the agreement.
EMPLOYER'S ARGUMENTS:
4. 1. Anything less than a 12 month rotation interval is unworkable.
2. In 2014 as part of a Company/Union Agreement, the 16 Fitters were to be integrated into the mine production and development crews. This involved the payment of the annual allowance. The circumstances that led to the allowance being paid no longer apply.
3. The Company has not asked for anything additional from the Unions in relation to the stores.
4. The craftsmen who were working a 7-day 10.5 hour shift have now changed to a 5-day 39 hour working week with a half-hour unpaid break. This is in line with all surface day employees.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Court notes the background to this dispute which included an agreement in July 2015 which brought about changes to the way in which Foremen and Fitters carry out their work. The collective agreement reached in 2015 included payment of a Field Fitter’s Allowance of €5,300 per annum in recognition of the change involved. The Court understands that certain changes instituted as part of the 2015 agreement are no longer required by the Company.
The Court recommends as follows:
Foremen
•That rotation of Foremen should be on a six monthly basis.•That arrangements as regards Foreman access to stores should continue to the degree that Foremen have historically accessed the stores. The Court notes that the stores operation is planned to be manned at all times and therefore the requirement for a Foreman to access the stores should be no greater in activity terms than it has been historically.
Craft Group issues
•That the allowance of €5,300 should continue to be paid until the expiry of the 2015 collective agreement on 30thJune 2018 and thereafter it should be bought out at the agreed rate of twice the annual loss. In the meantime the allowance should not be extended outside of the persons currently in receipt of same.•That issues related to the working hours of crafts persons raised as part of this dispute should be further discussed and engaged with locally. The Court is aware that the 2015 agreement placed Field Fitters on certain arrangements as regards working hours and that those arrangements are no longer applicable as the crafts persons revert to working arrangements which are in operation on the site historically.
Signed on behalf of the Labour Court
Kevin Foley
LS______________________
24 July, 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.