FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SMURFIT KAPPA NEWS PRESS LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Hearing arising from LCR18816
BACKGROUND:
2. LCR18817 issued in January, 2007, and the full details of the case are contained in it. The following issues are still unresolved; (1) Ill health/injury/sick pay and (2) Night differential. On the first issue the Union is seeking the retention of the current 6-month cover over a rolling 5-year period, and on the second issue the Union is seeking a 12.5% increase in shift differential giving a total of 21% for working/rotating onto nights for all three grades.
The Union referred the issues back to the Court for a substantive recommendation on the 6th June, 2007, as per LCR18816. A Labour Court hearing took place on the 10th January, 2008.
UNION'S ARGUMENTS
3. 1. The Union does not accept the Company's claim that the night differential sought is cost increasing. In general in the industry a 33% differential applies for those working permanent night/variable shifts. The Company also pays differentials from 25% - 33% for other groups working different shifts.
COMPANY'S ARGUMENTS:
4. 1. The Company has exceptionally high absenteeism levels (details supplied to the Court) averaging 14.6% for the year. If it were conceded it would lead to an increase in levels of absenteeism. The Union's claim is cost increasing.
2. Each employee is contracted on an annualised pay structure with night rates in excess of the norms within the contract printing industry. Any variation in these would be cost increasing and would render the Company uncompetitive.
RECOMMENDATION:
Ill Health Scheme
The existing scheme should be adjusted to provide for up to 12 weeks' sick pay (6 weeks' full pay and 6 weeks' half pay) per rolling year.
Shift Differential
The Court does not recommend concession of this claim but recommends that, in return for the continued cooperation of the workers concerned, a lump sum of €2500 should be paid on 1st June, 2008, and a further €2500 on 1st June, 2009, to those workers having the liability to work night shift.
Signed on behalf of the Labour Court
Raymond McGee
21st May, 2008______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.