FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : THERMO KING GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Single Start Time.
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 17 May 2017.
UNION’S ARGUMENTS:
3. 1. There should be an ongoing enduring payment to employees in return for a single start time.
2. A specific section of the Company/Union agreement requires agreement from the Union in respect of a change to working hours.
3. Employees have shaped their lives around their start/finish times.
EMPLOYER'S ARGUMENTS:
4. 1. The Company believes that setting a single start time is well within their remit as per the Company/Union agreement.
2. There is either no change or only minor change for 81% of employees.
3. The Company is not amenable to an enduring payment and is only amenable to a once off nominal payment.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
It is clear that the Company identifies operational benefits to be derived from a rationalisation of the ten start times in place in the employment. It is also clear that the proposals of the employer will have no effect on the majority of the members of the Trade Union.
The Court does not believe that it is unreasonable for the Company to advance the effectiveness of the site’s operations by implementing a change to start times in the manner proposed. The Court notes the Company’s assertion that benefits arising from such a change will be operational rather than financial.
In all of the circumstances the Court recommends that the proposal to reduce the ten start times to a small number of start times associated with the value streams should be accepted by the Trade Union and that the revised arrangements should take effect from 1stOctober 2017. Implementation of the rationalised start times should take account of normal operational flexibilities in start times necessary to secure operational effectiveness.
It is the Court’s understanding that implementation of this recommendation will affect less than 24% of the members of the Trade Union. The parties should, as part of the implementation of the rationalised start times and for a limited time, put in place a special grievance process overseen by the Workplace Relations Commission wherein individuals experiencing exceptional difficulty as a result of the revised start times can process their grievance. Both parties should, in operation of this special grievance process, commit to securing fair and reasonable resolution of grievances raised.
Taking account of the fact that a change to start times is a ‘once off’ event and that this change will have impacts on members of the Trade Union, the Court recommends that the employer should make a payment to each member of the Trade Union of €300 in full and final settlement of this matter.
Signed on behalf of the Labour Court
Kevin Foley
22 May 2017______________________
MNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.