Labour Court Database __________________________________________________________________________________ File Number: CD86635 Case Number: LCR10794 Section / Act: S67 Parties: DEANSGRANGE JOINT BURIAL BOARD - and - FWUI;ITGWU |
Inclusion of regular rostered overtime in the calculation of holiday pay.
Recommendation:
5. The Court, having considered the submissions made by the
parties, recommends that the claim that regular, rostered, overtime
be included in the calculation of holiday pay should be conceded.
Division: Mr Fitzgerald Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD86635 THE LABOUR COURT LCR10794
CC861027 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10,794
Parties: DEANS GRANGE JOINT BURIAL BOARD
and
FEDERATED WORKERS UNION OF IRELAND
IRISH TRANSPORT AND GENERAL WORKERS UNION
Subject:
1. Inclusion of regular rostered overtime in the calculation of
holiday pay.
Background:
2. There are 18 workers involved in this dispute of whom 13 are
employed in Deansgrange cemetery, and 5 are employed in Shanganagh
cemetery. For a number of years the workers at Deansgrange have
been required to work overtime on Saturdays and Public Holidays,
while the workers at Shanganagh are required to work overtime on a
rotational basis every Sunday (1 each week). On 7 April, 1986, the
Unions on behalf of the workers, served a claim on the Board for
the inclusion of these overtime earnings in the calculation of
holiday pay entitlement. The Board rejected the claim. On 13
June, 1986 the matter was referred to the Conciliation Service of
the Labour Court. Agreement was not reached at a conciliation
conference on 28th July and the matter was referred to the Labour
Court for investigation and recommendation. A Court hearing took
place on 26th September, 1986 - the earliest date suitable to all
parties.
Unions' arguments:
3. (i) The workers concerned work regular rostered overtime
throughout the year including Public Holidays. This
overtime is obligatory as is evident from a letter sent
to a worker, warning him about his non-attendance for
rostered overtime on a Public Holiday (details with
Court). Management has on a number of occasions
reminded workers of their obligation to work on Public
Holidays and at week-ends and that they are required to
submit an acceptable explanation for non-attendance.
Given these facts, it is grossly unfair that workers
should lose money when going on annual leave.
(ii) The Board's main argument against concession of the
claim has been that the Holiday (Employees) Act, 1973,
specifically excludes overtime, but this argument
cannot be sustained. The Unions consider that the
legislation was never intended to impose restrictions
on collective bargaining but to set minimum standards
for holiday pay.
(iii) On numerous occasions the Court has recommended that,
where regular rostered overtime is worked, it should be
reflected in holiday pay (details with Court).
Company's arguments:
4. (a) The present arrangements as applied by the Board for
payment of annual leave are in accordance with the
Holidays (Employees) Act, 1973 and are fair and
reasonable.
(b) The Board's employees enjoy conditions and benefits
which usually do not apply in industry generally, viz,
job security, travel time, eating on site allowance,
good pension scheme, good sick leave scheme.
(c) The Board is in a deficit situation. Funds for
implementation of this claim would require to be levied
from the contributing authorities, Dublin County
Council and Dun Laoghaire Corporation who are
experiencing difficulty in obtaining funds to maintain
existing employment. The cost of overtime, which at
present is #55,000 per annum, is already causing
concern. Implementation of the claim for extra holiday
payments based on overtime earnings would add to this
burden. The arrangements in the Board's cemeteries
with regard to interments on Saturdays and public
holidays would then have to be reviewed. If, as a
consequence of such a review, the facilities for
interments on Saturdays and public holidays were
curtailed or discontinued, the employees would lose
out.
(d) The Government has indicated in the National Economic
Plan that achievement of its public expenditure target
requires that growth in the public service pay bill be
severely restricted. Local authorities, faced with the
task of trying to stay within their allocation for the
current and future years, will be forced to implement
stringent economy measures while at the same time
attempting to maintain employment. Additional costs
arising from implementation of claims such as this one
would jeopardise attempts to maintain existing jobs.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, recommends that the claim that regular, rostered, overtime
be included in the calculation of holiday pay should be conceded.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
6th November, 1986 -------------------
P.F./U Deputy Chairman