INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Crew Leader rate.
2. The Company is engaged in the cash-in-transit industry. It provides contract services to financial institutions and companies. The Company operates nationally.
The issue in dispute relates to the hourly rate of pay applicable to Crew Leaders. The Union states that the Company advertised internally for the filling of six positions on a newly created Coin Operation Crew. The successful applicants (Guards and Drivers) were to be paid at the new Crew Leader rate of €13.00 per hour. The Union claims that it subsequently transpired that staff recruited at later dates to fill vacancies were employed at lower rates of pay. The Union is claiming retrospection for three of its members.
Management rejected the Union's claim. The Company lost a significant contract and stated that it was never intended to apply the Crew Leader rate to anyone else other than the original recipients.
As there was no agreement between the parties following local discussions the dispute was referred to the Labour Relations Commission. Conciliation conferences were held on the 14th and the 25th November, 2002 but agreement was not reached. The dispute was referred to the Labour Court on the 28th November, 2002, under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 19th February, 2003.
3. 1. The decision by the Company not to pay the Crew Leader rate to three workers was unfair and unreasonable.
2. When the Coin Crew was established in November 1999 the rate of pay agreed for all crew members was that of Crew Leader rate of pay as stated in the job advertisement.
3. As far as the Union is concerned the Crew Leader rate was established as the permanent rate for the Coin Crew and was not paid on a "once off" basis as claimed by management.
4. The current non-payment of the Crew Leader rate of pay to all Coin Crew staff was taken by the Company unilaterally and contrary to the provisions of a Company/Union agreement.
4. 1. The original offer to apply the Crew Leader rate of pay was designed to secure volunteers to operate the new coin contract.
2. This was intended as an interim measure. It was never intended to apply to anyone other than the original volunteers.
3. The claim by the Union is made on behalf of three staff who were not the original volunteers. The Company regards this claim as opportunistic.
4. The coin contract was operated in line with normal company practice, in that two guards were on the guard rate of pay and the crew leader was in receipt of the higher rate of pay.
5. The Company has lost the coin contract which it had to a competitor.
The Company has clearly indicated that it has to terminate the plus payment arrangement, which applies to the Coin Operation Crew ( the payment of the Crew Leaders rate to guards and drivers). The cessation of a significant contract has precipitated this requirement.
The Court recommends that the rate should be paid with immediate effect to those Coin Operation crew members currently not in receipt of it and the parties should meet to negotiate a buy out of the arrangement.
If no agreement is reached within a period of six weeks of receipt of this recommendation, then the parties may refer the buy out issue back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
_ 4th March, 2003______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.