INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
TRANSPORT SALARIED STAFFS' ASSOCIATION
Chairman: Mr Flood
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Inclusion of 15% increase in weekend allowance.
2. In September, 2002, in the content of productivity negotiations for the Company's
Executive Grade, the Labour Court issued LCR 17263 which provides for a pay increase of 15%. The Union's case is that, whilst the Company has applied the 15% increase to hourly overtime rates, it has not applied it to weekend allowance overtime rates for Technical Executives in the Infrastructure Division. The Union is seeking payment of the 15% increase for weekend overtime with retrospection to the 1st of March, 2002. The Company's case is that the allowance is increased in line with the
National Wage Agreements.
The Union referred the case to the Labour Court on the 22nd of April, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 26th of June, 2003. The Union agreed to be bound by the Court's recommendation.
3. 1. The original agreement under which the weekend allowances were introduced stated"The weekend allowance will be increased in line with the National Wage Agreement". This is because the National Agreements were the sole means by which staff received salary increase at that time. The Productivity agreement in the current dispute is a separate issue and is not bound by the agreement.
2. The weekend allowances were originally derived with reference to the basic pay rate of the Technical Executives. Any increase in basic pay would also apply to the weekend allowance.
3. The Union is aware of the 15% increase being applied to other allowances e.g. on-call allowance, and to some people who are paid overtime on an hourly basis. The Union does not believe there will be any knock-on effect.
4. 1. The new agreement provides for payment for weekend attendance as"that the standard allowances will be increased in line with National Wage Agreements."This agreement has been fully implemented by the Company.
2. LCR 17263 stated that, apart from the increase in basic pay, it"would not envisage any further cost-increasing claims being conceded".The Company's current financial position is that it cannot sustain any further cost-increasing demands.
3. The present claim could give rise to potential knock-on demands in other areas.
The Court has considered the written and oral submissions made by the parties.
Given that the 15% increase was applied to some allowances, including overtime rates in at least one area, the Court finds no justification for not applying it to the weekend allowance.
The Court, therefore, recommends concession of the Union's claim in this case.
Signed on behalf of the Labour Court
17th July, 2003______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.