Labour Court Database __________________________________________________________________________________ File Number: CD86874 Case Number: LCR11164 Section / Act: S67 Parties: WICKLOW CO. CO. - and - ITGWU |
Claims for:- (a) the payment of a five hour allowance to all overseers. and (b) the inclusion of the allowance in the calculation of holiday pay.
Recommendation:
7. The Court does not find adequate grounds for altering its
previous Recommendation.
Division: CHAIRMAN Ms Ni Mhurchu Mr Heffernan
Text of Document__________________________________________________________________
CD86874 THE LABOUR COURT LCR11164
CC861324 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11164
Parties: WICKLOW COUNTY COUNCIL
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claims for:-
(a) the payment of a five hour allowance to all overseers.
and
(b) the inclusion of the allowance in the calculation of
holiday pay.
Background:
2. The Council employs 21 Rural Road Overseers. Claim (a)
concerns 4 of these who have been recruited recently and claim (b)
concerns all 21 of them. Prior to the computerisation of the
Council's accounts in 1978 the overseers duties included clerical
work which involved the calculation of wages, for each individual
worker. They received a weekly allowance equivalent to five hours
overtime in return for carrying out the clerical duties.
3. Following computerisation there was a decrease in the amount
of clerical work to be done by the overseers_ all calculations are
now done by computer. The Council decided to retain the allowance
for existing overseers but did not intend to apply it to overseers
who would be recruited after that time. Subsequently in 1983 the
Council did pay the allowance to an overseer who was appointed in
that year for the Blessington area. On 2nd November, 1983 the
Union was informed that, in future appointments to the post of
Rural Road Overseer it, would be indicated that payment of
overtime for clerical work would be excluded. The Union did not
accept this position. In 1984 the Union's claims for payment of
the five hour allowance and for the inclusion of the allowance in
the calculation of holiday pay were investigated by the Labour
Court which did not recommend concession of either claim (Labour
Court Recommendation No. 9050 refers).
4. In 1986 the Union again claimed the payment of the five hour
allowance for all overseers and the inclusion of the allowance in
holiday pay. No agreement was reached through local negotiations
and on 5th August, 1986 the matters were referred to the
conciliation service of the Labour Court. A conciliation
conference was held on 9th October, 1986 but no agreement was
reached and on 4th November, 1986 the case was referred to the
Court for investigation and recommendation. A Labour Court
hearing was held on 10th March, 1987 in Wicklow,the earliest date
suitable to all parties.
Union's arguments:
5. (i) In their letter of appointment the Overseers were
advised by the County Council as follows:-
"You will be paid weekly, the rates being those
applicable to Overseers in the County from
time to time subject to deductions for pay
related social insurance and for
superannuation."
The Council is in breach of its own conditions of
employment by not applying the rates applicable to
Overseers to the newly recruited Overseers. In
addition, no reference was made by Management at
interviews regarding this discrimination.
(ii) The work load of the four Overseers not being paid the
allowance has increased in recent years. These workers
have a wider range of responsibilities than have other
Overseers. They have also extended good will and
co-operation to the Council by performing duties which
should not in the strictest sense be performed by them.
(iii) The fifth last appointed Overseer was not initially
paid the allowance. However, following representations
the Council agreed to pay him this amount. There is
nothing sacrosanct in paying the allowance to the
remaining four Overseers.
(iv) The four Overseers without the allowance are at the
lower end of the salary scale. Therefore, there is a
difference of about #49.00 per week between one
overseer and another. This obviously creates tensions
and industrial relations problems.
(v) The Council has already conceded the principle of the
claim for the inclusion of the allowance in holiday pay
calculations because the allowance is included in
Public Holiday and Church Holiday payments. As Church
Holidays are part of the Annual Leave entitlement,
there is no valid reason why the Council should not pay
the allowance when an Overseer takes other Annual
Leave.
(vi) The Labour Court has on numerous occassions recommended
the concession of similar claims.
Company's arguments:
6. (a) These claims were considered by the Labour Court in
1984 and the Court in LCR No. 9050, did not find
grounds to recommend concession. The Council's
arguments on that occassion are still valid.
(b) The position in relation to clerical work done by Rural
Road Overseers has not changed since LCR No. 9050,
however, the Council's financial position has
deteriorated considerably in the meantime.
(c) The position in neighbouring counties in relation to
payment of overtime for clerical work for Rural Road
Overseers is as follows:-
Wexford County Council:- clerical work on
preparation of time sheets is part of the
duties of the Road Overseer and, accordingly,
no overtime is paid.
Kildare County Council:- when wages sheets
were prepared manually some years ago overtime
was paid but since introduction of
computerisation overtime is no longer paid.
Carlow County Council:- overseers who were in
the employment when clerical work was done
manually are still paid 2 hours per week
overtime but in the case of new recruits it
forms part of their duties and no overtime is
paid.
(d) The rationalisation of the wage structure of Rural Road
Overseers specifically provided that the new scale
subsumed all allowances other than travelling and
subsistence allowance and dirty money paid in
exceptional circumstances on an intermittent basis.
(e) The Council has never included the five hours per week
overtime in the calculation of Rural Road Overseers'
holiday pay as an overtime payment is excluded in the
definition of normal weekly rate set out in Section 1
of the Holidays (Employees) Act, 1973.
(f) The Court has not recommended concession of claims for
inclusion of overtime in the calculation of holiday pay
in cases where the overtime was not a necessary part of
the work or where the overtime was not regular rostered
overtime. These conditions do not apply here as the
work no longer exists.
RECOMMENDATION:
7. The Court does not find adequate grounds for altering its
previous Recommendation.
~
Signed on behalf of the Labour Court
John M. Horgan.
7th May, 1987. ----------------
T O'M/U.S. Chairman