INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
(REPRESENTED BY SM MORRIS)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Mr O'Neill
1. 1. Travel Time 2. Overtime 3. Retrospection.
2. The Company is a civil engineering firm based in Bromley, Kilpeddar, Co. Wicklow, whose principal business is that of road construction and site development and has a workforce of 150 employed. The Union is claiming that the Company is not in full compliance with the terms of the Registered Employment Agreement (REA) for the Construction Industry. They are claiming that the Company has changed the starting time from 8.00a.m. to 7.00a.m and withdrew travel payment without consultation with the workers or Union in 2004. The Union also sought retrospection on the above claims.
- The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 28th October, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th January, 2006.
3.1 The Union contend that it is within the Company's ability to comply with all aspects of the REA, as the Company is profitable and that the cost of full compliance would be less than 10% of total profit before taxation.
2. The Company should re-instate the 8.00a.m. start time for all employees until discussions between the parties have taken place and new arrangements agreed.
3. The Union claimed that it was custom and practice that workers were paid travel time from the time they were picked up by Company transport but, now are only paid from the time they reach either head office or the site. Workers could be sitting in the Company transport for over one hour in the morning and evening.
4. Similar companies operating outside Dublin pay travel time.
4.1 The Company provides transport for all employees. Any additional costs to travel on top of the transport provided by the Company would put it in a competitive disadvantage to other employers in the local area of Wicklow.
2. The Union's claim for a premium rate is contrary to the REA and is in excess of the REA.
3. The Company is prepared to move its official start-time to 7.30 a.m. Overtime will be paid as per the REA.
4. Concession of this claim would have serious additional cost implications to the Company and would severely hamper its ability to tender for contracts in the local area.
Having considered the submissions of the parties, the Court recommends as follows:
Given that there was an arrangement in place prior to the Company's letter of 3rd March, 2004, it is the recommendation of the Court that this arrangement should continue until it is altered through consultation and agreement.
The Court notes that arrangements exist in relation to workers who (a) report to the site of their own accord or (b) are requested to report by the Company. Given the location of its head office, this Company operates outside of the Dublin urban area. Therefore, recognising that those workers who come to the head office in Kilpeddar are paid from the time the transport leaves, any workers picked up en route to the site should henceforth be paid from the time of pick-up.
Signed on behalf of the Labour Court
19th_January , 2005______________________
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.