INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL BUS AND RAIL UNION
TECHNICAL, ENGINEERING AND ELECTRICAL UNION
TRANSPORT SALARIED STAFFS' ASSOCIATION
Chairman: Mr Flood
Employer Member: Mr Grier
Worker Member: Mr O'Neill
1. Rehearing of LCR 17703.
2. The dispute concerns a claim by the Unions for an increase in a meal and lodging allowance (currently €4.93 per day). The claim is normally paid for duties performed for a minimum period of five hours outside of a five mile radius of the normal work location. The Company claims that its allowance provides for a payment within a five mile radius. The claim was previously before the Court and recommendation LCR 17703 issued. The Unions were seeking €10 per day whilst the Company stated that the maximum allowed (tax free) by the Revenue Commissioners was €5 per day. The Company intended phasing in the allowance over three years - from the 1st of January for years 2003, 2004, and 2005. The Company now proposes phasing in the allowance from the 1st of January for years 2004, 2005, and 2006. The Court recommended that the parties try to reach an agreement but, failing that, the parties could report back to the Court for a definitive recommendation. The parties positions have not changed from the last hearing, although the Unions now accept that €5 per day is the maximum allowed for such an allowance. A Labour Court hearing took place on the 17th of May, 2004.
3. 1. The workers concerned already receive €4.93 per day. The Company's offer is an increase of only €0.07 which is far short of what the Unions are seeking. The Company's proposed change to the phasing in of the allowance will mean even less money for the workers.
2. It is possible that some of the workers who are currently receiving the €4.93 allowance might not be eligible for €5 allowance in the future. The Company has been unable to guarantee that all workers will receive the €5 allowance.
4. 1. The maximum tax free allowance is €5 per day. Anything above that would be subject to tax by the Revenue Commissioners.
2. The cost of conceding the claim will be considerable (details supplied to the Court). The proposal to change the dates of the phasing in is a cost-saving measure for the Company.
The Court, having considered carefully all the information supplied in this case and the implications attached, recommends that the employees accept the Company's offer on meal and lodging allowance.
In relation to the back payment, the Court does not accept the Company argument made at the final hearing and recommends that the date for implementation should remain as it was outlined at the original hearing.
Signed on behalf of the Labour Court
31st May, 2004______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.