INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
ISS IRELAND LIMITED
(REPRESENRED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Mr Nash
1. Hours of work / rate of pay.
2. The Company's operation in Bray consists of cleaning 64 Dart carriages (Monday to Friday) and 42 carriages (Saturday and Sunday). In November, 2004, the Company was requested by Iarnrod Eireann to conduct a once-off deep cleaning of 40 carriages in Bray. Eight Company workers in the Dublin Bus Depot in Summerhill transferred across to Bray. According to the Company they were paid €12 per hour for a 7-hour shift with an unpaid hour for lunch and, following completion of the work in January, 2005, they returned to their previous duties with Dublin Bus at a rate of €9.50 per hour. The Union claims that they were paid €12 per hour for an 8-hour shift (10.00 p.m. to 6.00 a.m.).
The workers returned to Bray Dart Station in May, 2005.The Union's case is that they were now only being paid for 7 hours at €11.00 per hour for an 8-hour shift. A number of meetings took place between the parties but, failing agreement, the dispute was referred to the Labour Relations Commission. As the parties could not resolve the dispute the case was referred to the Labour Court on the 14th of May, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court took place on the 30th of August, 2007.
3. 1. The rate of pay - €12.00 per hour for 8 hours was an incentive for the workers to transfer to the Bray Site in November, 2004.
2. The workers' wages were unilaterally reduced to €11.00 per hour for 7 hours per shift instead of the previous 8 hours. The Union believes that the norm across all industries is to be paid for the entire duration spent on site, in this case 8 hours.
3. The workers claim that they are doing the same deep-cleaning work now as they did in November, 2004, to January, 2005.
4. 1. The Company confirmed in its correspondence that the rate of pay for the contract was €11.00 per hour and that the shift was for 8 hours with 1 hour unpaid break. During the first weeks of the contract in May, 2005, the Company did pay one additional hour's pay in recognition of the difficulties involved in the start-up of the contract. A 9-hour shift does not exist in the contract.
2. The duties undertaken by the workers are considerably lighter than those in the contract in November, 2004 to January, 2005.
3. The claim is cost-increasing and is precluded by Towards 2016.
The Court has considered the submissions of the parties. The Court is satisfied that the rate of €12.00 per hour for the deep cleaning of carriages at short notice was a rate for that particular job. The Court does not, therefore, recommend concession of the pay claim made by the Union.
The Court, however, recommends that these night shift workers be paid in respect of their breaks i.e that they benefit from a paid break period of 1 hour within the 8 hour shift effective from the date these shifts commenced in May 2005.
Signed on behalf of the Labour Court
24th September, 2007______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.