INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
BANK OF IRELAND
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Mr. Somers
1. Loss of overtime resulting from proposed changes to shredding services.
2. The dispute, concerning eight porters, relates to the Bank's proposal to amend elements of its disposal and shredding service at Head Office. Confidential waste is currently disposed of in 38 wheelie bins located throughout Head Office. Waste is collected from these bins on one day per week. Two porters are required to work overtime once per week in order to bring all wheelie bins to the car park where they are kept overnight awaiting collection the following day. The payment made to the two workers is two hours overtime. Refreshments to the value of €5 per worker are also provided. A rota system for working this overtime is in operation among the eight workers. In practice some porters work this overtime more frequently than others and one porter has never worked the overtime, he offers his turn to the others. The Bank seeks to employ a contractor to manage the disposal of the confidential waste at Head Office and porters will no longer be required to do this work. The Bank accepts that financial loss will accrue to porters and proposed a buy out equal to two times the amount earned in overtime and tea allowances by porters who undertook this work during the twelve month period 1st May, 2001 to 30th April, 2002. The Union rejected the offer and sought to have the overtime "red circled" for the eight workers. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 9th May, 2002 but agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 9th September, 2002. A Court hearing was held on the 19th November, 2002.
3. 1. There is no need to contract out this work. Porters' jobs are at risk because of the contracting out of porters' duties.
2. The yearly loss should be "red circled" for the eight porters who have a very limited opportunity to work overtime at Head Office.
3. The Bank currently operates a system whereby branch porters, who relocate to another branch, carry forward all terms and conditions of
employment including benefits, allowances and all local arrangements where overtime is "red circled" and those staff members are paid overtime as if it
was worked. Staff members are also eligible for inclusion in any further overtime in the new branch.
4. 1. The overtime at issue is consistently available but it is on a voluntary basis with payments fluctuating from porter to porter. It is not regarded by the Bank as
regular rostered overtime.
2. The Bank's offer is influenced by the principle that compensation should be based on actual loss of overtime earnings per worker over a twelve month period. Where no loss arises compensation should not be payable.
3. The proposed change does not represent a significant drop in overtime, nor does it constitute a threat to the employment of porters. The Bank is proposing to make a revision to the contracting out of a particular piece of work as distinct from contracting out jobs.
Having regard to all the circumstances of this case the Court is satisfied that the Bank's offer is in line with normal standards in similar situations.
Accordingly the Court recommends that the final offer be accepted.
Signed on behalf of the Labour Court
26th November, 2002______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.