INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ROSCOMMON COUNTY COUNCIL
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr. Somers
1. Implementation of Labour Court Recommendation 17300.
2. The dispute arises subsequent to the issue of LCR 17300, in which the Court found in favour of the Union's claim that there had been an agreement on a claim for the inclusion of average overtime in annual leave pay. Local discussions which commenced subsequent to the issue of LCR 17300, on the implementation of the agreement, were not successful. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 15th March, 2004 in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Court hearing was held in Roscommon on the 28th September, 2004.
3. 1. The Union had an agreement with the Council that average overtime would be paid on holiday pay. The Court accepted this fact in LCR 17300.The Union asks the Court to uphold LCR 17300.
2. If the agreement only related to regular rostered overtime there would not have been a need to enter discussions.
3. The nature of the claimants' overtime is that it occurs periodically on a seasonal basis. The Union suggested to Management, a similar approach to the issue as adopted by Health Boards in relation to premium earnings, but it was rejected. The Union requests the Court to recommend also a method of calculating the average .
4. 1. The Union's original claim, lodged in December, 2000, was for the inclusion of overtime in holiday pay. There was no reference to average overtime. It was only in a letter to Management in September, 2001 that the Union, for the first time, referred to average earnings. This represented a change in the Union's claim.
2. The Council confirmed to the Union that it is prepared to apply the agreement as referred to in LCR 17300 on the basis of regular rostered overtime. This is the Council's interpretation of the agreement.
The claim before the Court relates to the non- implementation of LCR 17300.
LCR 17300 found that the inclusion of average overtime payments in annual leave pay was the subject of a valid agreement between the parties in March, 2001 and recommended accordingly.
Having considered the submissions of both sides the Court recommends that the average overtime payments should be included in annual leave pay with effect from 1st January, 2003.
The Union requested the Court to recommend on the method of calculating average overtime, as this issue has been outstanding since the previous Labour Court recommendation. The Court recommends that the average overtime payment for each worker should be calculated on an annual basis and paid in December.
Signed on behalf of the Labour Court
4th October, 2004______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.