INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
Chairman: Mr Flood
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Inclusion of rostered overtime in holiday pay.
2. The dispute before the Court concerns a claim by the Union on behalf of two of its members for the inclusion of rostered overtime in their holiday pay.
The employees concerned are employed as electricians in the Corporation's Traffic Section to monitor and maintain traffic lights in Cork city. They normally work rostered overtime to provide early morning and evening cover.
Prior to March, 1997, this overtime was shared between three electricians but this has temporarily reduced to two while the Corporation is upgrading the traffic system. When this work is completed the number of electricians will revert back to three.
The Union states that this overtime should be included in holiday pay as it is regular and rostered.
The Corporation rejects this stating that the overtime is not reckonable for holiday pay as it is shared between the employees. The dispute could not be resolved at local level. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 25th of August, 1999. As agreement was not reached,
the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 8th of March, 2000, the earliest date suitable to both parties.
3. 1. The electricians are working the agreed roster as set out in the 1997 agreement. The overtime is both regular and rostered and is part of the normal working week.
2. The overtime in question should be included in holiday pay and applied retrospectively for three years (1997, 1998 and 1999).
4. 1. Even though the overtime is regular, it is shared between two employees on a rotational basis and therefore, cannot be included in holiday pay.
2. This claim cannot be conceded as it would give rise to repercussive claims with a high cost to the Corporation.
The Court finds that the working arrangement outlined does not meet the agreed criteria for payment.
It is also clear that the current working arrangement is a temporary situation that will revert back to three electricians.
The Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
24th March, 2000______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.