LCR22977

PARTIES:

DIVISION:

SUBJECT:

Referral from the Workplace Relations Commission under Section 26(1) of the Industrial Relations Act, 1990

BACKGROUND:

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 28 February 2024 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 31 May 2024.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties. The matter before the Court concerns arrangements to address temporary loss of shift as distinct from any arrangement to address a permanent loss of shift premium.

It is clear to the Court that if there is a permanent loss of shift working in the company that further engagement to agree arrangements to apply in that circumstance will be required.

The Court notes that the company asserts that its plans are that the current loss of shift working will be temporary; but has acknowledged that separate engagement will be required in order to address loss of earnings if shift working has not been required of a worker for a period of 18 continuous months if that situation should arise.

The Court notes that a proposal to resolve this trade dispute was tabled by the Workplace Relations Commission, and that the Trade Union and the employer representatives undertook to the Commission that its’ proposal would be recommended for acceptance by the members of the Trade Union and by the employer.

The Court has reviewed the terms of the proposal made by the Commission and is satisfied that it represents a fair reflection of practice in Irish industry where shift working ceases temporarily, and indeed of multiple Recommendations of the Court itself in such circumstances.

The Court therefore recommends that the proposal of the Commission should be accepted as a fair and reasonable resolution of this trade dispute with the following modification:

That the step-down arrangement to apply to workers with over 6 months on shift be 6 weeks shift premium.

On the basis that the parties will give consideration to this Recommendation in the standard industrial relations manner, the Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
AR	______________________
7 June 2024	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Aidan Ralph, Court Secretary.