FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SUNDAY WORLD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Loss of overtime
BACKGROUND:
2. The Union has submitted a claim for the loss of overtime for fourteen of its members. It claims that the Company introduced a new day shift, and as a result, Friday and Saturday overtime was eliminated for the claimants.
The Union states that its members have been working this rostered overtime for the past eleven years and that there was no agreement to discontinue it.
The Company claims that it was clearly understood by the Union that the introduction of a new day shift would eliminate the need for Friday and Saturday overtime by night duty staff. The new shift will create twenty additional jobs.
The Union rejects the claim that it agreed to the abolition of the Friday and Saturday overtime.
As no agreement was possible between the parties the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 1st of December, 1999 but no agreement was reached. The dispute was referred to the Labour Court on the 22nd of December, 1999 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 14th of March, 2000 (the earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. There was no agreement to eliminate Friday and Saturday overtime for the workers concerned.
2. Changes in working conditions can only follow negotiation and agreement between the parties concerned.
3. The Friday and Saturday maintenance overtime worked by the members has been an integral part of their roster for the past eleven years and cannot be unilaterally changed.
4. There is precedent within the industry where adequate compensation has been paid to employees in similar circumstances.
COMPANY'S ARGUMENTS:
4. 1. The implications of the new day shift were understood by the Union that the Friday and Saturday overtime would be eliminated without any compensation.
2. The additional shift will create an extra twenty full-time jobs.
3. The earnings of the employees concerned will not be adversely affected by the elimination of the Friday and Saturday overtime.
RECOMMENDATION:
The Court notes that the agreement concluded between the parties on the introduction of a new day shift has resulted in the creation of a significant number of additional jobs within the Company. The effective utilisation of this shift necessarily involves their deployment on work currently carried out on rostered overtime by those associated with the present claim.
The Court finds it regrettable that the parties appeared to have negotiated at cross purposes as to the effect which the new shift would have on those working rostered overtime. It is clear, however, that those workers will suffer a significant loss of earnings.
In the circumstances, the Court recommends that a compensation package, in line with the normal formula within the Company, should be negotiated between the parties in respect of that loss.
Signed on behalf of the Labour Court
Kevin Duffy
23 March, 2000______________________
LW/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.