INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ULSTER BANK LIMITED
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Mr Rorke
1. Claim for average overtime to be included in holiday pay.
2. The 20 workers concerned are employed by the Bank as security porters at its computer department in Sandyford. They perform a range of tasks covering security, portering, and clerical duties.
The dispute before the Court concerns the Union's claim on behalf of the workers for the inclusion of average overtime earnings for the purpose of calculating holiday pay. It argues that the Bank is in breach of an agreement reached in 1983 following a Labour Court hearing on the matter for the inclusion of all overtime earnings for the purpose of calculating holiday pay. The Bank's position is that this group of workers form a separate bargaining group and so did not fall under the purview of the Labour Court Recommendation.
Local level discussions failed to resolve the issue and the matter was referred to the Labour Relations Commission. A conciliation conference took place on the 26th of June, 1997. As agreement could not be reached the dispute was referred to the Labour Court on the 8th of October, 1997 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th of December, 1997.
3. 1. In October, 1982 the Labour Court issued LCR No.7529 which stated - "the Court does not recommend concession of this claim except in the instances where regular rostered overtime is a feature of the individual's employment".
2. In May, 1983 the banks agreed to modify this arrangement to read as follows:-
"In accordance with LCR No. 7529 the banks are willing to include all overtime earnings in the calculations of holiday pay for porters and security guards. One payment covering the full annual entitlement will be made when the employee is going on his principle annual leave. The payment will be based on the average weekly overtime earnings of the 6 months preceding the principle annual leave period".
3. In January, 1994 the associated banks discontinued the industry wide negotiations. However the Union was advised that this change would not affect the application on the status of existing agreements or arrangements at individual bank level.
4. Bank of Ireland, Allied Irish Bank, and the National Irish Bank who were involved in LCR No. 7529 include average overtime earnings for the calculation of holiday pay for workers in similar employment to the workers concerned. In the circumstances it is clear that the Ulster Bank is in breach of this long-standing agreement.
4. 1. The security porter grade is regarded by the Bank as forming a separate bargaining group and so did not fall under the purview of the Labour Court Recommendation. Negotiations for this group were concluded after the Labour Court Recommendation.
2. There is no regular rostered overtime worked within Sandyford. The nature of the work and the work patterns does not create the need for such overtime. However the shift staff have, for example, a contractual element of overtime and this has always been paid whenever these staff have been on annual leave.
3. This Union is in effect suggesting that for 14 years the Bank has been in breach of an agreement which the Bank contends does not apply to this group of staff. Even if it did the condition specified by the Court that staff be engaged in "regular rostered overtime" is not met by staff employed at Sandyford.
4. The Bank considers that this is a new cost increasing claim and is therefore contrary to the terms of Partnership 2000. The Bank respectfully asks the Court to endorse the arrangements which have been consistently applied by the Bank for 14 years.
The Court having considered all the information provided by the parties recommends that this Group should be included in the arrangement on overtime calculations for holiday pay, in future.
The Court recommends that this application apply to the calculations for the 1997 holiday year.
Signed on behalf of the Labour Court
19th December, 1997______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.