FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LUFTHANSA TECHNIC SHANNON LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Breach Of Rostered Hours Bank Agreement
BACKGROUND:
2. The issue in dispute relates to an alleged Breach of Rostered Hours Bank (RHB) Agreement for the Red Alert days of the 1st and 2nd of March 2018.
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 15 January 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 24 April 2019.
UNION’S ARGUMENTS:
3. 1. The Union states the Employer chose to close the facility early on 1st of March 2018 sending employees home early and all day on 2nd March 2018. The Employer utilised hours in the RBH to pay staff for those days without agreement.
2. A similar situation arose in October 2017, Storm Ophelia, where the Employer deducted hours from Union members RHB, following objections, the Employer restored the hours. The Union states the same should apply in this instance.
3. The Union is seeking that the Employer should pay the hours deducted which is line with a sister company of the Employer for the same time in question.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer state that in this particular circumstance safety was paramount. The facility had to close and the Employer decided, based on business needs as provided in the Agreement, to utilise banked hours. Staff were given the opportunity to use other types of leave instead of RHB.2. The Employer states Storm Ophelia was, at that time, a "uniqueoccurrence" .
3. The Employer submits that it is a matter for individual companies to decide whether to pay based on individual circumstances.
RECOMMENDATION:
The issue in dispute between the parties is the Employer’s decision to utilise the Regular Hours Bank system to pay staff when the Shannon Plant was closed due to the Red Weather Alert of 1stand 2ndMarch 2018.
It is the Union’s case that the Regular Hours Bank system is a collective agreement and can only be used in specified circumstances. It is their contention that as there was no agreement to include Red Weather Alerts in the specified circumstances where the Regular Hours Bank could be used management were not entitled to use it. It is the Unions case that during a previous Red Weather Alert the Employer had used the Regular Hours Bank system but following objections from the Union had in fact restored the hours to all employees. The Union are seeking that the Employer now restore the hours deducted.
The Employers case is that the previous occasion had been a one off and that as the country as a whole was experiencing more severe weather warnings it was something that they wanted to address. On the 28th February 2018 when Met Eireann issued a forecast for severe weather conditions the Employer put together a policy document on dealing with severe weather conditions and circulated it in amongst employees. This policy set out the Employer’s policy in respect of absences from work due to severe weather events.
Following the closures of the 1stand 2ndof March 2018 they implemented that policy. It is the Employer’s position that they did not unilaterally deduct any hours from any employee during the weather events. The hours bank operated in the same manner it would on any working day. When the Union raised its concerns with management in relation to using the Regular Hours Bank system they put forward alternatives such as using annual leave, unpaid leave but no one took up those options.
The Court having read the submissions of the parties and listened carefully to the oral submissions on the day believe, that in all the circumstances, that the actions of the Employer were reasonable. The Court notes alternatives to using the Regular Hours Bank system were available but there was no uptake on those options. In those circumstances, it is the view of the Court that the Union’s claim fails.
The Court so decides.
Signed on behalf of the Labour Court
Louise O'Donnell
TH______________________
13 May 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.