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FULL RECOMMENDATION
PARTIES : SSE AIRTRICITY DIVISION :
SUBJECT: 1. Shift cover changes This system was implemented by management in 2017. In October 2019 management sought to change the existing system as it was not meeting their requirements. The Employer issued an instruction containing a new roster system which included changing the shift cycle from 6 week block to a 5 week block cycle, they Employer also sought to change to an existing arrangement so that all shift cover would be provided on an hour for hour basis until all spare hours were utilised. The production staff declined to implement the new rota system. In December 2019 a temporary agreement was reached whereby the old system was reinstated to allow discussions take place and to facilitate a resolution of the issues in dispute. The onset of Covid meant the issues were not progressed for a period of time. The issues were ultimately referred to conciliation under the auspices of the WRC and the first conciliation conference took place on the 17th December 2020. The Employer submitted that the main issue between the parties at that point was the hour for hour issue. In July 2021 the Employer tabled a new proposal but the hour for hour issue was still there. The Employer is seeking to implement the following: 1) Shift cover is provided hour for hour basis until all staff have completed their contractual hours of 37 hours per week. 2) Cover for Production Team comes from Day Work relief Team in the first instance. 3) Current shift allowance payments remain in place 4) Shift cycle is changed from a six- week block to a five- week block. The Unions submitted that the Employer is also proposing a reduction in the current headcount from 18 to 17. The Unions do not believe this is workable particularly in busy summer months. It is the Unions submission that three staff are required to staff a shift and having 17 staff and 6 teams means there is an ongoing need for cover over and above the requirements that arise from annual leave, sick leave etc. In respect of cover hours, the Union submitted that the existing arrangement where staff provide cover for a colleague’s absence is as the follows: Providing cover for a 12 hour nightshift =17 hours toil Providing cover for a 12 hour bank holiday shift = 12 hours toil Providing cover for 12 hour day shift Saturday/Sunday = 15 hours toil Providing cover for a 12 hour weekday shift = 12 hours toil. This arrangement was introduced by management in 2017 without any discussion. The Unions submission is that they are seeking to increase the TOIL hours set above as follows: nightshift from 17 to 20, bank holidays from 12 to 20, Saturday and Sunday from 15 to 17 and weekday shift from 12 to 15. The Unions indicated that they are not opposed to rotating the shift cycles over 5 weeks instead of the current six- week cycle. The Court engaged with the parties and in particular sought more information in respect of the proposed introduction of hour for hour in respect of the cover arrangements. The Court wanted to understand the need for this particular change and what benefit accrued to the Employer. The Court also sought to establish the impact of the proposal on the Worker’s and whether it would have an impact on earnings/toil. Arising from that engagement the Court has concerns that not all relevant information has been exchanged to allow an assessment of the impact and implication including any loss of earnings and or toil hours arising from the proposed change. The Court believes that this issue is not ready for a definitive recommendation from the Court at this point in time. The Court recommends that the parties engage locally and or under the auspices of the WRC to work their way through the outstanding issues for a period of six weeks. If at the end of that period, there are still unresolved issues they should be referred back to the Court for definitive recommendation. The Court so recommends.
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