AD9745

FULL RECOMMENDATION CD/97/255 APPEAL DECISIONNO.AD9745 (9/97) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WATERFORD FOODS PLC - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr O'Neill

SUBJECT:
1. Appeal by the Union against Rights Commissioner's Recommendation RC9/97.



BACKGROUND:

2. The appeal concerns a worker who has been employed as a full-time messenger at Head Office since 1979. He works Monday to Friday 8.30 a.m. to 5.30 p.m. The Union claimed that the worker should be included on the Saturday overtime roster at the Shandon site during the Company's peak season when all the seasonal staff are employed. Management rejected the claim. The dispute was referred to a Rights Commissioner for investigation. On the 9th May, 1997 the Rights Commissioner issued his recommendation as follows:

"I therefore recommend that the worker and the ATGWU should accept that as long as he remains in his current position in the Company, he is not entitled to benefit from Saturday overtime working as claimed".
(The worker was named in the Rights Commissioner's recommendation).

On the 19th May, 1997 the Union appealed the recommendation to the Labour Court. The Court heard the appeal in Waterford on the 26th August, 1997.


UNION'S ARGUMENTS:

3. 1. The worker requested that he be considered for any overtime which may arise on Saturdays. Over the years since he joined the Company his personal circumstances have changed. He undertook extra financial commitments in recently purchasing a house and has family commitments.






2. Overtime has become available on a number of occasions but management has refused to consider the worker for this overtime.

3. The Union is not asking for the creation of a new situation, only that the worker be facilitated when there is a staff shortage and there is no one else to carry out such duties.


COMPANY'S ARGUMENTS:

4. 1. The Company has adequate manning levels in its production areas to satisfy its needs at peak periods. Should it require additional staff management will, as per normal agreed procedures, recruit workers from outside. To allow the claimant to work overtime without seasonal employees being called back is a breach of the agreed procedure.

2. The claimant's duties are, and have always been, confined to Head Office. His position is in the administration area and he has no entitlement or right to work in any other area.

3. The nature of the work in the plant requires various periods of training in order for a person to be productive and to carry out tasks competently and safely. This is not compatible with the worker's present duties and capabilities.

4. The Company has advised the worker that should he require overtime he should join the casual employee list and relinquish his present post.




DECISION:

The Court, having considered all the information presented does not find grounds for changing the Rights Commissioner's recommendation.

The Court, therefore, rejects the appeal and upholds the Rights Commissioner's recommendation.



Signed on behalf of the Labour Court



Finbarr Flood
5th September, 1997______________________
T.O'D./S.G.Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.