Labour Court Database __________________________________________________________________________________ File Number: CD87392 Case Number: LCR11307 Section / Act: S67 Parties: STAFFORDS SHIPPING LTD - and - ITGWU |
Claim on behalf of four cranemen for a paid one hour break when working overtime.
Recommendation:
6. The Court recommends that when Overtime is worked after 6.00
p.m. a 20 minute paid break be implemented. This recommendation
should have retrospective effect to 1st January, 1987.
Division: Ms Owens Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87392 THE LABOUR COURT LCR11307
CC87197 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11307
Parties: STAFFORD SHIPPING LIMITED
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
WATERFORD NO. 1 BRANCH
Subject:
1. Claim on behalf of four cranemen for a paid one hour break
when working overtime.
Background:
2. Normal working hours for the cranemen are from 8.00 a.m. to
5.00 p.m. and generally overtime is worked until 10.00 p.m. When
overtime is in operation, the cranemen are paid overtime rates for
the hours 5.00 p.m. to 6.00 p.m. and 7.00 p.m. to 10.00 p.m. and
are given a one hour unpaid break from 6.00 p.m. to 7.00 p.m.
3. In January, 1986 the Union on behalf of the workers served a
claim on the Company for payment for this break. At local level
the Company undertook to approach its customers to see if it was
possible to change the working arrangements, in which case a short
paid break could be implemented. This was not possible at the
time and so the Union's claim was rejected. On 29th January, 1987
the matter was referred to the conciliation service of the Labour
Court. A conciliation conference was held on 6th March, 1987 at
which no agreement could be reached and on 13th May, 1987 the
matter was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 23rd June,
1987.
Union's arguments:
4. (i) The claim is justified due to the very long hours which
are worked by the cranemen on an almost permanent
basis. The cranemen have an average working day of
fourteen hours, eight hours of which extends from the
time of the normal lunch break to finishing time. It
is normal practice in industry for workers to receive a
paid break when working overtime. The cranemen's job
is physically demanding and a break is necessary both
for the well-being of the cranemen and in the interests
of general safety.
(ii) The exceptional degree of co-operation and flexibility
of the cranemen has been acknowledged by the Company as
an important factor in the success of the business.
The Company should now recognise this and grant them a
one hour paid break at time and a half, which is
deserved.
Company's arguments:
5. (a) In an agreement for the 25th and 26th rounds negotiated
in 1986, the matter of a claim for paid breaks for
cranemen was specifically covered (details supplied to
the Court). This provided for changes in operations in
the cranes following the successful implementation of
which, the Company was to explore the possibility with
customers of finishing work earlier, in which situation
it was envisaged that a short paid break would be
introduced. It has not been possible to introduce such
changes yet but the Company is presently making efforts
to reach agreement on this with its customers and hopes
to be in a position to rectify the situation shortly.
(b) Due to the effects of a recent High Court judgement the
Company will be forced to reconsider all the economic
aspects of its operation. There is a real and
immediate danger that the Company's cost levels will be
uncompetitive with other current and potential users of
the Port.
RECOMMENDATION:
6. The Court recommends that when Overtime is worked after 6.00
p.m. a 20 minute paid break be implemented. This recommendation
should have retrospective effect to 1st January, 1987.
~
Signed on behalf of the Labour Court
Evelyn Owens
9th July, 1987 ----------------
U.M./U.S. Deputy Chairman