LCR15596

FULL RECOMMENDATION CD/97/194 RECOMMENDATIONNO.LCR15596 (CC96/1195) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ABS PUMPS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu

SUBJECT:
1. Introduction of a sick pay scheme.


BACKGROUND:

2. The Company is involved in manufacturing and has been based in Wexford since 1973. It employs approximately 330 people. There are three separate sections in the Company - shop floor, staff and the craft sections. The present dispute involves 250 shop floor staff and relates to the introduction of a sick pay scheme.

The shop floor workers are seeking the introduction of a sick pay scheme similar to that in operation for the administrative grades and claims that it should be introduced without concessions on their part because they have already agreed the concept of "World Class Manufacturing" (W.C.M.) with the Company. They want to be treated on an equal basis with other staff.

The Company is in broad agreement for the introduction of a sick pay scheme for the shop floor staff. However, it wants to abolish two 5 minute washing up periods prior to breaks in the case of shift workers and one such period in the case of non-shift workers. It also wants 3 waiting days and to phase in the scheme over a period of years.

The Union rejects the Company's proposals and states that it wants the implementation of a sick pay scheme retrospective from January, 1996 with no waiting days and no "claw back".

As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held on the 4th November, 1996 but no agreement was reached. The dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Act, 1990.


The Court investigated the dispute on the 22nd July, 1997.

UNION'S ARGUMENTS:

3. 1. The Union is seeking a sick pay scheme similar to that in operation for other employees in the Company.

2. The proposal to abolish the 5 minutes washing-up time is unacceptable to the Union. It also undermines the principles of WCM.

3. The workers will not accept "waiting days" as proposed for the sick pay scheme as none exists for the administrative grades.

4. The Union acknowledges its commitments under the sick pay scheme as per the terms of the various National Agreements. It has also agreed a mechanism for monitoring absenteeism.

COMPANY'S ARGUMENTS:

4. 1. The Company advocates that some contribution from the employees towards a sick pay scheme is warranted. It is seeking the abolition of the two 5 minute washing-up periods prior to breaks.

2. The Company also wants 3 "waiting days" and the scheme to be phased in over a period of time.

3. The proposed sick pay scheme is an excellent one and compares favourably with those in existence for comparable employments.

4. There would be repercussive claims from other sections of the Company if anything outside the National Wage Agreements is given to the shop floor employees.

RECOMMENDATION:

The Court having considered the written and oral submissions is satisfied that the Company's sick pay scheme meets the commitments under the national agreements.

The issues raised in relation to W.C.M. are ones the parties should address within their discussions on W.C.M.



Signed on behalf of the Labour Court



Finbarr Flood
29th July, 1997______________________
L.W./S.G.Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.