Labour Court Database __________________________________________________________________________________ File Number: CD88166 Case Number: LCR11829 Section / Act: S67 Parties: BORD NA MONA - and - FEDERATED WORKERS' UNION OF IRELAND |
Claims for (a) restoration of shift premium on behalf of twenty general workers who occasionally fill shift vacancies at Littleton, (b) restoration of shift premium on behalf of five lorry drivers also employed at Littleton and (c) compensation for loss of earnings on behalf of 36 transport drivers employed at Blackwater Works. Claim (a)
Recommendation:
Claim (a) - Day workers occasionally covering shift
Claim (b) - Lorry Drivers on Day work
17. The method of compensation was well established by custom and
practice over many years. In the circumstances management should
have negotiated the elimination of this practice with the union
through the established procedures. The Court does not, however,
recommend the re-introduction of the former method of compensation
but recommends the payment of £100 to each of the workers directly
involved at August, 1986, in full and final settlement of the
claims.
Claim (c) - Compensation for loss of wages
18. Having considered the submissions made by the parties, the
Court is satisfied that the earnings were lost because of
unofficial action taken by the claimants. The Court accordingly,
does not recommend concession of this claim.
Division: Mr Fitzgerald Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD88166 RECOMMENDATION NO. LCR11829
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: BORD NA MONA
and
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claims for (a) restoration of shift premium on behalf of
twenty general workers who occasionally fill shift vacancies
at Littleton, (b) restoration of shift premium on behalf of five
lorry drivers also employed at Littleton and (c) compensation for
loss of earnings on behalf of 36 transport drivers employed at
Blackwater Works.
Claim (a)
BACKGROUND:
2. Up until August, 1986, day workers at Littleton Works when
filling vacancies on shifts received payment of shift rate for all
occasions they were engaged on a shift operation and retained the
shift rate for the full week.
3. The Bord discontinued this practice as it maintained that the
workers concerned were paid the shift premium in error. Since
August, 1986, the workers have been paid shift rate for hours
worked on shift only.
4. The Union claimed the restoration of the original method of
payment of shift premium on the basis that the practice was
introduced in the 1960's following local agreement. The Bord
rejected the claim.
Claim (b)
BACKGROUND:
5. In order to meet its full potential Littleton Briquette
Factory has a requirement to haul 50,000 tonnes of milled peat per
annum from Coolnamona near Portlaoise to supplement local bog
production.
6. This haulage work was carried out by an outside contractor up
until 1984. Following discussions between Management and the
Union it was decided that the haulage work would be carried out by
Bord na Mona employees on the understanding that it would be more
economical to use Bord na Mona transport.
7. It was decided to introduce a 2 shift system over 5 days
involving five drivers on a rota basis, with one driver on day
work every fifth week doing cleaning duties around the tippler.
The normal shift week for the drivers is from Monday to Friday.
The wages week runs from Thursday to Wednesday.
8. Up until August, 1986, the driver reverting to day work was
paid shift premium up until the end of the wages week, i.e. the
Wednesday of the week he was on day work. The Bord ceased this
practice at this stage as it maintained that the drivers had been
paid in error. The Union claimed the restoration of the payment
of shift premium up until the end of the wages week. The Bord
rejected the claim.
UNION'S ARGUMENTS - (Claims (a) and (b):
9. 1. The arrangement for the payment of shift rate to day
workers dates back to an agreement reached between the local
Works Manager and the local Union committee in the 1960's to
ensure the availability of day workers to cover shifts in the
absence of shift workers. Under the arrangement the drivers
continued to receive payment of shift rate up until the end
of the wages week although they were re-deployed on day work.
2. The Union rejects the Bord's assertion that the cancelled
shift payments were made in error. It was a fair and
reasonable condition of employment agreed by Management and
of long standing practice.
3. Currently Bord na Mona production workers and rail
transport workers are retained on shift rate until the end of
wages week.
4. The decision, under the circumstances, to withdraw the
shift payment arrangement is unfair and unacceptable and the
Court is asked to recommend in favour of its re-instatement.
BORD'S ARGUMENTS - (Claims (a) and (b):
10. 1. The day workers were paid shift premium in error to the
end of wages week. It was never intended that the concession
applicable to coming off milled peat production shifts should
be applied in this type of situation. Neither are the
circumstances similar. Also in the case of the lorry driver
reverting back to day work and being paid shift premium up to
the end of the wages week was an error. In effect what the
Union is claiming is a lorry driver's rate inclusive of shift
premium for carrying out general operative duties.
2. Since August, 1986, the shift payment arrangements at
Littleton conform with those which apply in all other Bord na
Mona works throughout the country in similar situations. It
was discontinued in Littleton because it was not justified
and there is no good reason for reintroducing it.
3. Concession of the Union's claim would have implications
throughout Bord na Mona because shift working operates on a
large scale.
4. With the current financial difficulties facing Bord na
Mona no increased operating costs can be justified,
particularly at this time when the situation is such that
management must now open discussions with all Unions
on measures to reduce all operating costs.
BACKGROUND:
11. The claim for loss of earnings on behalf of 36 transport
drivers employed at Blackwater works arose because of an
unofficial work stoppage which lasted for 11 days in September,
1987.
12. The Union contends that the dispute arose because the Bord
introduced changes in the Summer bonus scheme during the Summer of
1987. The Bord maintains that the workers took unofficial
industrial action because Management had disciplined one of the
workers and that the issue of the changes in the Summer bonus
scheme was introduced as a factor at a later stage.
13. Following a number of meetings between the parties normal
working resumed on the 6th October, 1987. The Union subsequently
lodged a claim for loss of earnings on behalf of the workers
concerned. The Bord rejected the claim.
UNION'S ARGUMENTS:
14. 1. In support of its claim for compensation, the Union
contends that Management was responsible for the transport
workers loss of wages for the following reasons -
(a) The changes in the bonus scheme should not have been
introduced by Management without first having fully
discussed and agreed the changes with the Union in
accordance with the locally agreed conciliation
procedures. The Union had not been given the
opportunity to ballot its members on the changes prior
to their introduction.
(b) Management was wrong not to have agreed to the Union
proposal to revert back to the old bonus standards for a
period of one month to allow the issues in dispute to be
properly examined.
(c) Management was also wrong in refusing to allow the
transport workers to work a forty hour week.
2. The Union contends that since Management was responsible
for causing the situation in which the transport workers
suffered a loss of wages, they should now be held responsible
for compensating the workers for their loss.
BOARD'S ARGUMENTS:
15. 1. The Board has rejected the claim for compensation for
loss of earnings on the grounds that such loss could have
been avoided had normal conciliation procedures been
followed. There is a Conciliation procedure which was agreed
in 1965 between Management and the Bord na Mona Group of
Unions. This Agreement has been upheld by the Labour Court
and Rights Commissioner.
2. Concession to pressure would undermine good industrial
relations practices.
GENERAL BACKGROUND:
16. The above claims were referred to the Conciliation Service of
the Labour Court on 15th October, 1987. A Conciliation Conference
was held on the 8th December, 1987. As no agreement was possible
both parties agreed to a referral to the Labour Court for
investigation and recommendation. A Court hearing was held on
22nd March, 1988.