Labour Court Database __________________________________________________________________________________ File Number: CD87591 Case Number: LCR11593 Section / Act: S67 Parties: IARNROD EIREANN - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Interpretation of Labour Court Recommendation No. 6493 and method of calculating tunnel allowance for period 22nd October, 1986 to 22nd July, 1987.
Recommendation:
The Court, having regard to the terms of LCR6493 and the practice
which generally applies to the payment of other similar
allowances, does not recommend concession of this claim.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87591 RECOMMENDATION NO. LCR11593
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: IARNROD EIREANN
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Interpretation of Labour Court Recommendation No. 6493 and
method of calculating tunnel allowance for period 22nd October,
1986 to 22nd July, 1987.
BACKGROUND:
2. In July, 1981 as a result of a claim lodged by the CIE Trade
Union Group for an allowance of #3 per day for workers having to
work in Cork tunnel, the Labour Court in LCR No. 6493 issued the
following recommendation:
"The Court accepts that there are exceptional and unique
elements in the working conditions experienced by the
maintenance crews when they are working in the Cork tunnel
and to compensate for these the Court considers that the
claimants are entitled to a special allowance.
The Court recommends that this allowance be 20% of the
workers' hourly rate and that it should be paid in respect of
all hours worked in the tunnel with effect from 1st June,
1981."
The allowance was applied to all hours paid for (including
overtime, etc) up to 22nd October, 1986. From then up to the 22nd
July, 1987, the allowance was applied to the actual hours worked
in the tunnel at the workers basic hourly rate. The Union lodged
a claim for the allowance to be applied as it was prior to 22nd
October, 1986. This was rejected by the Company and the matter
was referred to the conciliation service of the Labour Court on
30th June, 1987. A conciliation conference was held on 22nd July,
1987. As no agreement was possible both parties agreed to refer
the matter to the Labour Court for investigation and
recommendation. However, at the conciliation conference an
interim agreement was reached pending the outcome of the Court
hearing. The agreement provided, inter alia, that from the 23rd
July, 1987 the old system of paying the allowance would be
applied, and that if the Court supported the Company's viewpoint
it would be open to it to seek to recoup any excess payments made
with effect from 23rd July, 1987. A Court hearing was held in
Cork on 2nd September, 1987.
UNION'S ARGUMENTS:
3. 1 The Company's proposal is a major departure from the
recommendation and the method applied from 1981 to 1986.
2 The Union's original claim for an allowance of #3 per day
would have attracted overtime and shift rates. Consequently
the 20% would have to be paid on these rates as well. The
distinction between Sunday and an ordinary day is reflected
by the fact that Sunday work is paid for at double time. By
applying the allowance to the basic hours only is a failure
to recognise this distinction.
3 What the Union is claiming is not insurmountable because the
payments have already been made up to late last year. Also
major renewal work in the tunnel has taken place in recent
times and as a result of this it is envisaged that the
established method of payments will not be available on a
regular basis from now on.
COMPANY'S ARGUMENTS:
4. 1 The Court recommended that "the allowance be 20% of the
workers' hourly rate and that it should be paid in respect
of all hours worked in the tunnel" and it is the Company's
view that the correct method of payment is the application
of 20% allowance on all actual hours worked in the tunnel at
the workers' basic hourly rate.
2 The Court in recommendation No. 6493 refers specifically to
the "exceptionally unique elements in the working conditions
experienced by the maintenance crews when they are working
in the Cork tunnel" and recommends payment of a special
allowance to compensate for these purely in respect of all
hours worked in the tunnel. There should be no distinction
made between payment for a turn of duty, for example Sunday
when payment is double time, as opposed to midweek; to make
such a distinction would suggest that there is double the
discomfort on Sunday and this is obviously not the case.
3 The Company has to date expended a substantial amount of
money in improving the conditions in Cork tunnel since the
issue of recommendation No. 6493 and therefore entirely
different working conditions exist today in this tunnel.
Accordingly the Company requests the Court to confirm that
the 20% allowance applies on actual hours worked in the
tunnel at the workers' hourly rate and not on bonus hours.
RECOMMENDATION:
The Court, having regard to the terms of LCR6493 and the practice
which generally applies to the payment of other similar
allowances, does not recommend concession of this claim.
~
Signed on behalf of the Labour Court
16th December, 1987 John M Horgan
MD/PG ---------------
Chairman