Labour Court Database __________________________________________________________________________________ File Number: CD87168 Case Number: LCR11149 Section / Act: S67 Parties: SECURICOR (IRL) LTD - and - ITGWU |
Claim (a) Unsocial hours payment for officer grades. Claim (b) Interpretation of controllers' agreement.
Recommendation:
7. The Court, having considered the submissions made by the
parties and noting the various letters between them in relation to
the Agreement of 1985, recommends concession of the Union's claim
for the extension of the unsocial hours payment to all officer
grades with effect from 3rd April, 1985.
The Court does not recommend concession of claim (b).
Division: Mr Fitzgerald Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD87168 THE LABOUR COURT LCR11149
CC86811 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11149
Parties: SECURICOR (IRELAND) LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim (a)
Unsocial hours payment for officer grades.
Claim (b)
Interpretation of controllers' agreement.
Background:
2. In 1985 agreement was reached on the extension of an unsocial
hours payment of #11 per week to officer grades. The payment was
not made to grade 5 or grade 6 or to sales representatives
(thirteen employees in all). The Union contended that, under the
agreement, the payment should extend to these grades. The Company
was not willing to agree to this.
With regard to claim (b), controllers in the Company were conceded
officer status in 1981. Final agreement on the matter was not
reached, however, until September, 1985. Controllers work a 40
hour week while other officer grades work a 45 hour week. The
arrangement implemented was that the existing grade 1 salary scale
for officers was converted to apply to a 40 hour week, (i.e. 40 x
45ths of the officer grade 1 scale). Subsequently, a local
arrangement was made in Cork for payment of a meal allowance to
controllers there. The Union sought to vary the agreement by
assimilating the controllers onto the full 45 hour grade 1 scale,
contending that the original national agreement had already been
varied to suit local problems in Cork. Management rejected this
claim. Claim (a) was referred to the conciliation service of the
Labour Court on 6th May, 1986 and was the subject of a
conciliation conference on 7th July, 1986, at which no agreement
was reached. A further conciliation conference took place on 12th
February, 1987 at which both claims were discussed. Again, no
agreement was possible and the matters were referred to the Labour
Court. A Court hearing took place on 2nd April, 1987.
Union's arguments:
Claim (a)
3. (i) Prior to the agreement, a broad framework was agreed,
on 15th March, 1985, which defined clearly that "all
officer grades" were to be covered by any subsequent
agreement. It was at all times clear that this
definition included grades 1 to 6 and sales staff.
(ii) The Union rejects the contention by management that the
term "officer grades" is a colloquialism for grades 1
to 4. There has previously been no confusion as to
what this term means, particularly since the August,
1981 Agreement which defined the officer salary/grading
structure. Management has always accepted that when
the Union No. 2 Branch negotiates on behalf of its
officer members, this includes staff as defined by the
1981 Agreement.
(iii) Management has contended that there are alternative
arrangements to compensate grades 5 and 6 and Sales
Staff for unsocial hours. Management has not defined
what these arrangements are and if such arrangements
exist this matter should have been raised earlier.
(iv) The Union seeks the implementation of the agreement
freely entered into, with full retrospection to the
agreed implementation date of 3rd April, 1985, to the
thirteen employees concerned.
Claim (b)
4. (i) The Controllers Agreement which was proposed on a
national basis has now been varied by local agreement
to suit local problems. The Union considers that this
entitles its members to renegotiate to suit their
particular situation.
(ii) Controllers perform a highly stressful role for 14
hours per shift, without a meal break. They are the
only group within the Company who do not receive a meal
break or an hour's pay in lieu.
(iii) The overtime rate for controllers is less advantageous
than that for full grade 1 officers because of the
basis of calculation (details supplied).
(iv) The Union has proposed that controllers be placed on
the full 45 hour grade 1 officers' scale in order to
(a) eliminate the unfair differential in overtime rates
(b) compensate for the absence of meal breaks and (c)
meet the controllers long-standing claim for full
officer status.
Company's arguments:
Claim (a)
5. (a) At no stage was it the intention of the Company to have
the #11 unsocial hours allowance applied to grades 5
and 6 and sales representatives.
(b) In reaching agreement on the allowance the Company
sought to replace a call-out arrangement which applied
to officers engaged in the operations side of the
business. This arrangement provided for overtime
payments to be made to officers when called out to deal
with emergencies. With one exception officers in
grades 5 and 6 are not liable to be called out.
(c) The Company considers that the #11 allowance should
apply only to grades 1 to 4 for the above reasons.
Claim (b)
6. (a) The Company considers that the operation of the officer
grade for the controllers was made very clear during
the course of negotiations and that there is no
justification for amending the present arrangement.
(b) It was made clear that the existing grade 1 officer
status would not apply to controllers. The Company's
offer was balloted on and a written statement was
received stating that the offer had been accepted by
the controllers.
RECOMMENDATION:
7. The Court, having considered the submissions made by the
parties and noting the various letters between them in relation to
the Agreement of 1985, recommends concession of the Union's claim
for the extension of the unsocial hours payment to all officer
grades with effect from 3rd April, 1985.
The Court does not recommend concession of claim (b).
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
Deputy Chairman
18th May, 1987
A.K./J.C.