INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Doherty
Worker Member: Mr. Somers
1. Shift allowance.
2. The Company is part of Christian Salvensen Plc which is based in the U.K. It provides a hygiene and maintenance service to clean and recycle trays for TESCO. The Company employs 18 warehouse operatives and Union recognition was recently established. The Company operates a 3 shift rotating system Monday to Friday over a 40 hour week. Staff are also required to work Saturdays on a rotational basis. The hourly rate is €10.02 per hour with an unsocial hours payment of €2.53 for hours worked between 6.00p.m and 6.00a.m. The Union maintains this equates to a shift premium of 13% for a 3 cycle shift. The Union's claim is for a shift premium of 25% for a 3 cycle shift and 33% if the working week is extended to cover 5/7 day working. Management rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court in September, 2003 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 11th December, 2003.
3. 1. The shift allowance paid by the Company is out of line with the norms and should be increased. The Union does not accept that the hourly rate already incorporates 12% for the unsocial hours.
2. The claimants' pay should reflect the industrial norms for shift and basic pay.
3 The work undertaken by the claimants is physical and demanding.
4. The client is financially strong and can well afford to pay.
5. The claim is not in breach of the Sustaining Progress agreement as the employment is newly organised.
4. 1. The terms and conditions operated by the Company are in excess of the average of most companies. The unsocial allowance has also increased to €2.60 per hour.
2. The Company has a generous sick pay scheme. It gives 22 days annual leave increasing to 25 days after three years. The Company has implemented a pension facility which will cost approximately €17,000 p.a.
3. The higher rate of pay given to staff at the outset took into account a 3-shift rotating system with the possibility of a 4-shift operation. To operate a four shift system would result in a significant cost to the Company.
4. The claim is cost increasing and precluded under the Sustaining Progress agreement.
Having considered the oral and written submissions of the parties, and having taken all circumstances into account, the Court recommends that a premium payment of 22½% should apply for the three cycle shift which currently operates and, in the event of the introduction of a 12-hour four cycle shift, the Court recommends a premium of 30% for this shift.
Signed on behalf of the Labour Court
17th December, 2003______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.