INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
WESSEL CABLE LIMITED
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
1. Working back time given off by Company.
2. Wessel Cable Limited is engaged in the manufacture of telephone and rubber insulated cables at its plant in Longford. The Wessel Group manufactures house cable and automotive cable at two other plants in Dublin.
The dispute before the Court concerns the conditions under which employees are granted time-off outside of their annual leave entitlements. The Company is prepared to facilitate such requests provided the individuals concerned work up the time on a time for time basis. This is unacceptable to the workers. The Union claims that this would involve employees working Saturdays and overtime in general at basic rates of pay.
The matter was referred to the Labour Relations Commission. A conciliation conference took place on 14th November, 1995. As agreement could not be reached the dispute was referred to the Labour Court on 15th January, 1996 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Longford on 23rd July, 1996. The earliest date suitable to both parties.
3. 1. The Union is concerned that management is attempting to introduce a form of annualised hours.
2. Requests for authorised absences should be considered on the basis of the merits of the case put forward by the individual involved.
3. The Company's position is in breach of the Company/Union Agreement.
4. 1. During periods of authorised absences, the absent employee is replaced by another employee who is paid the overtime rate of pay. This has been the practice since the Company commenced its operation.
2. The high levels of overtime currently worked in the Company gives ample opportunity to the individuals concerned to work up time.
3. Management considers that its position is reasonable in the circumstances. Most companies do not allow workers time-off in excess of annual leave entitlements.
The Court considers that in the particular circumstances here concerned the time off permitted should be worked back on the basis outlined by the Company.
In making this recommendation the Court is aware there is a perception among the workforce that the concession of the Company proposal would allow for the universal introduction of arrangements without recourse to the normal negotiation procedures.
The arrangements outlined above are in respect of working back time-off and are only in the context of the individual requests made as referred to by both parties at the hearing.
The Court so recommends.
Signed on behalf of the Labour Court
28th August, 1996______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.