INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
FINGAL COUNTY COUNCIL
- AND -
(REPRESENTED BY DENNIS MC SWEENEY, SOLOCITORS)
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Mr O'Neill
1. Rate of pay.
2. The worker has been employed by the Council as a watchman/security man in Newbridge House, Donabate since early 1990 (there was some disagreement between the parties as to whether the worker was a watchman or a security man). His rate of pay is £3.31 per hour for night watching duties and £4.02 per hour on weekend duties. The worker's schedule was based on 7 days per week from 5.00 p.m. to 8.30 a.m., a break of 4 days and then working Saturday from 8.00 a.m. to 5.00 p.m. The cycle would then start again on Tuesdays. The worker claims that of late his hours were increased by commencing at 4.00 p.m.(instead of 5.00 p.m.). and finishing at 9.00/9.15 a.m. The worker is seeking an increased rate of pay and a review of the amount of hours worked. He is not a member of a union.
The worker referred his case to the Labour Court on the 30th of September, 1997, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 23rd of January, 1998. The worker agreed to be bound by the Court's recommendation.
3. 1. The worker's duties are essentially those of a security man. He has to secure Newbridge House at the end of the day, activate the alarm system and monitor the premises. He is well versed in the operation of the alarm system and was able to sort out any initial problems when the system was installed, thus saving on expensive maintenance calls. He has carried out a number of other duties on the premises and has never refused to help out when asked. He is an excellent time keeper and a conscientious worker, something acknowledged by the Council. The worker has applied for many jobs within the Council which would given him a higher rate of pay but he has not been successful to date. The worker was instrumental in
having stolen property returned to Newbridge House due to his vigilance as a security man. He raised the issue of his pay with the Council on a number of occasions.
4. 1. The worker is employed as a watchman. If there are any intruders or problems at Newbridge House he is required to notify the security company, the Gardai and his supervisor. He has been told not to taken any action himself.
2. The worker has not officially raised the issue of a pay increase with the personnel department or his supervisor. The Council has a comprehensive industrial relations procedure agreed with the various unions, which provides for the processing of pay claims. At present, the parties are negotiating a pay increase submitted by SIPTU on behalf of watchmen. Any pay increase arising from an agreement would be applied to the worker. The Council cannot negotiate with the worker on an individual basis.
The Court, having considered the written and oral submissions, is satisfied that the claimant is paid the appropriate rate for his position of watchman.
The Court notes that this rate is under negotiation at present.
Signed on behalf of the Labour Court
30th January, 1998______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.