SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
SEVERN TRENT RESPONSE
- AND -
GROUP OF WORKERS
(REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION)
Chairman: Mr Foley
Employer Member: Ms Doyle
Worker Member: Ms O'Donnell
1. Pay claim, overtime rates, on-call.
2. This dispute concerns a claim for pay, overtime and on-call arrangements in line with industry norms . The Union referred this dispute to the Labour Court on 19th January, 2016, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 1st April, 2016. Following on from that hearing a Labour Court Recommendation (LCR21203) issued and on foot of that Recommendation a further Labour Court hearing took place on 17th November, 2016.
3. 1. The TEEU acknowledges that while there is an improved pay offer there is no period of time specified for which the pay increase on offer applies.
2. While the overtime premiums have improved for the hours worked in excess of 37 hours, the Union argues that the norm for Saturday working is time and a half for the first four hours and double time thereafter. The Union believes this to be the norm in both public and private sector.
3.The current on-call arrangement falls far short of the norms for similar on-call arrangements in both the public and private sectors.
4. 1. An increase in pay above 25% where appropriate with a formal annual salary review in line with Severn Trent Group process and a formal annual bonus programme to be implemented.
2. Overtime rates to apply to all hours worked after the basic working week. Overtime after 12.00 midnight Monday to Friday will be double time.
- 3.An increase in the call-out allowance to €130 and payment for any overtime worked, when called out.
The Court has considered carefully the written and oral positions of the parties. The Court notes that the parties have not found an effective framework for engagement but notes the positive engagement by both parties at the hearing of the Court. The Court also notes that the employer has confirmed a willingness to meet with the Union to discuss any questions or issues it may have relating to this matter. The employer has also confirmed its willingness to engage as appropriate with the Workplace Relations Commission.
The Court has been asked to address three specific issues and recommends as follows:
•The pay adjustment made in July 2016 is confirmed by the employer as having effect for a period of one year. This timeframe should be accepted by the Trade Union.
•When a person on call is actually called out a minimum call out payment of two hours at the appropriate overtime rate should apply.
•The parties should engage with a view to agreeing overtime rates to apply in respect of Saturday overtime. This engagement should take account of established norms in this regard.
The Court so recommends.
Signed on behalf of the Labour Court
1st December, 2016______________________
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.