FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BAUSCH & LOMB (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Treacy |
1. 1) Annual Leave 2) Additional Working Hour 3) Pension Calculator 4) Overtime 5) Public Holidays.
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 30 August 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 20 October 2017.
UNION’S ARGUMENTS:
3. 1. The Unions position is that the Terms and Conditions outlined on behalf of the Members are reasonable.
2. The Unions and Members have continuously demonstrated their commitment to the new development on site.
EMPLOYER'S ARGUMENTS:
4. 1. The Company’s position is that the Terms and Conditions proposed, including the five at issue, are reasonable.
2. The Company submit that it has fulfilled its promise of massive investment delivering additional jobs.
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties. The Court notes in particular the substantial engagement which has taken place between the parties and at the Workplace Relations Commission.
In all of the circumstances outlined at the hearing and taking account of all matters outlined, the Court recommends as follows:
•That the parties agree that working hours on four cycle shift pattern are 42 hours taking account of the adjusted break times.•That the break structure of three breaks per shift should continue. However, the parties should engage to explore the operational feasibility of achieving a four break pattern (amounting to the same total break time) on a cost and output neutral basis. If the four break pattern is operationally feasible on a cost and output neutral basis it should be implemented.
•That pension should be calculated for four-shift workers on the basis of 42 hours.
•That the two hours above 40 should be paid at the rate of time plus ¾.
•That holiday hours should be increased by 18 hours for four-shift workers giving a total of 211 hours inclusive of the separate concession of 25.2 hours for four-shift workers.
•That the company offer of one public holiday carrying an option of TOIL at ‘time for time’ should be increased to two public holidays when worked per annum.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
LS______________________
6 November 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.