Labour Court Database __________________________________________________________________________________ File Number: CD8862 Case Number: LCR11822 Section / Act: S67 Parties: CORK COUNTY COUNCIL - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 3 drivers for compensation for loss of overtime earnings.
Recommendation:
5. Having considered the submissions made by the parties in this
case, the Court is of the opinion that the losses to the workers
concerned arise directly from the constraints on public
expenditure. The Court does not therefore recommend concession of
the Union's claim.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD8862 RECOMMENDATION NO. LCR11822
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CORK COUNTY COUNCIL
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 3 drivers for compensation for
loss of overtime earnings.
BACKGROUND:
2. The drivers concerned earned overtime by collecting road
workers in their areas in the morning to enable them to be at
their work place at the normal starting time and by collecting the
road workers again in the evening. The drivers had 1 hours
overtime in the morning and 1 hour in the evening. The overtime
was regular and rostered. In April, 1987, the Council eliminated
this overtime and the Union sought compensation for the 3 drivers.
During local level discussions the Union argued that the loss of
overtime would drastically effect the drivers standard of living
and that some of the overtime should be restored so that it could
be phased out, rather than completely eliminated in one go. The
Union's claim was rejected by the Council and on 26th May, 1987,
the matter was referred to the conciliation service of the Labour
Court. No agreement was reached at a conciliation conference held
on 15th December, 1987, (earlier dates unsuitable), and the matter
was referred to the Labour Court on 22nd January, 1988, for
investigation and recommendation. A Court hearing took place on
29th March, 1988, in Cork.
UNION'S ARGUMENTS:
3. 1. The overtime for the drivers concerned was eliminated
without affording the Union an opportunity to discuss the
issue. It was done in an uncaring and insensitive manner.
2. The 3 drivers have had a reduction in earnings ranging
from #72 net to #43 net per week. They have had this
additional payment as part of their weekly wage for periods
ranging from 11 years to 20 years. It was a condition of
employment.
3. Whilst the Council accepts the merits of the claim and in
particular the length of time the drivers were earning the
overtime, they are not prepared to make any offer on
compensation despite the ongoing saving that will be made by
the Council.
3. 4. The overtime was paid on a weekly basis and the drivers
budgeted on those earnings to cater for the needs of their
families, including accommodation, levels of education,
holiday arrangements, and the general standard of living. The
Union is claiming compensation for the loss of overtime, which
would normally amount to 78 times the weekly loss but in view
of the overall financial position of the Council, the Union
would accept a lesser amount.
COUNCIL'S ARGUMENTS:
4. 1. As a result of the Council's especially poor current
financial position (details provided to the Court),
constraints have had to be effected across the board. This
has necessitated reductions in the level of services,
overtime, and recruitment. In addition, the Council has had
to terminate the employment of 50 temporary staff and has made
the terms of the Government's Voluntary Redundancy package
available to a significant number of employees.
2. The drivers concerned have no statutory right to overtime,
nor is there any provision in their conditions of employment
which guarantees them a specific level of overtime. Overtime
levels are determined by the level of Council activity, which
is determined by the available finance.
3. The Council's Agreement with the Union governing wages and
conditions of employment for non-craft employees provides that
each employee will make every effort to reduce overtime to a
minimum. To compensate the 3 drivers would involve additional
expenditure and would frustrate the Council's efforts to keep
overtime to a minimum. Concession of the claim would also
have serious repercussive effects for both the Council and
other Local Authorities.
RECOMMENDATION:
5. Having considered the submissions made by the parties in this
case, the Court is of the opinion that the losses to the workers
concerned arise directly from the constraints on public
expenditure. The Court does not therefore recommend concession of
the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
27th April, 1988 Deputy Chairman.
B.O'N./J.C.