Labour Court Database __________________________________________________________________________________ File Number: CD88792 Case Number: LCR12173 Section / Act: S67 Parties: UNIVERSITY COLLEGE CORK - and - UNION OF CONSTRUCTION ALLIED TRADES AND;TECHNICIANS, ELECTRICAL TRADES UNION,;IRISH TRANSPORT AND GENERAL WORKERS;UNION, PLUMBING TRADE UNION |
Dispute concerned reduction in fixed overtime for craftsmen and general operatives.
Recommendation:
5. Having considered the submissions made by the parties, the
Court recommends that with effect from 1st January, 1989 the fixed
overtime for the workers in question should be reduced to 1 hour
per day for 3 days and with effect from 1st April, 1989 to 1 hour
for 2 days.
Division: Mr O'Connell Mr Heffernan Mr Devine
Text of Document__________________________________________________________________
CD88792 RECOMMENDATION NO. LCR12173
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: UNIVERSITY COLLEGE CORK
and
UNION OF CONSTRUCTION ALLIED TRADES AND
TECHNICIANS, ELECTRICAL TRADES UNION,
IRISH TRANSPORT AND GENERAL WORKERS
UNION, PLUMBING TRADE UNION
SUBJECT:
1. Dispute concerned reduction in fixed overtime for craftsmen
and general operatives.
BACKGROUND:
2. As part of a number of measures to keep within its budget in
1988 the College decided to cut regular overtime in the
maintenance section. The existing arrangement was that each
worker had one hour's overtime on four evenings a week, resulting
in six hours extra pay per week. This system had been in
operation for nearly twenty years, one adjustment had been made
prior to this when the overtime was reduced from five to four
evenings a week. Local level meetings on the elimination of the
overtime took place in March, April and May, 1988 but no agreement
could be reached and on 23rd May, 1988 the matter was referred to
the conciliation service of the Labour Court. Conciliation
conferences took place on 22nd June, 1988 and 26th July, 1988
arising from which settlement proposals emerged by which the
overtime arrangements would be restructured and it was agreed that
both sides would recommend them to their principals for
acceptance. The proposals were as follows:-
1. From Monday 5th September, 1988 the fixed overtime
will change to 1 hour per day for three days i.e.
4.50 flat hours in a week.
2. From Monday 2nd January, 1989 the fixed overtime
will change to 1 hour for 2 days, i.e. 3 flat hours
in any week.
However following a ballot these proposals were rejected by the
Union and on 18th October, 1988 the matter was referred to the
Labour Court for investigation and recommendation. The Court
investigated the dispute on 30th November, 1988.
UNION'S ARGUMENTS:
3. 1. The unions recognise the financial constraints within
which the college is operating. However, the workers have
already contributed towards the overall savings in the college
in a number of ways. In the last few years at least eight
jobs have been lost through natural wastage in all categories
in the maintenance department, there is a large degree of
flexibility between the craft and general workers and the
college property has increased by 100% in the 1980's.
Although the number of workers in the maintenance department
has decreased the workers continue to give a very good service
to the college. In addition, a great deal of flexibility is
given by the workers in relation to sub-contractors who have
been employed for a number of years carrying out maintenance
work.
2. The present overtime arrangements with one slight
amendment have been in operation for nearly twenty years and
form part of the workers conditions of employment. This
overtime was used as an incentive in the 1960's and 1970's to
encourage workers to take up employment in the college due to
the fact that the workers could earn more money in the
construction industry. The workers are among the lowest paid
in the college and are being asked to take a dramatic cut in
their earnings. In contrast the academic staff were granted a
17% increase in salary during 1987. The workers have
committed themselves to financial arrangements in the belief
that the overtime was a permanent fixture and it should not
now be cut.
COLLEGE'S ARGUMENTS:
4. 1. In the present financial situation a number of cutbacks
had to be made to meet the reduced budget. Basic pay could
not be reduced, therefore pay costs could only be lowered by
either reducing the number of workers or reducing additional
costs incurred through overtime. As it had been decided there
would be no forced redundancies, it was essential that all
non-emergency overtime be reduced. It was on this basis that
the decision was taken to cut fixed regular overtime. The
Union has claimed that the fixed overtime was an inducement
for many of the workers to take up employment in the college
from the construction industry. However, conditions have also
changed in the construction industry.
4. 2. The Union has suggested that savings could be made in
other areas of the College's budget e.g. Capital Grant and
Minor Works Grant, and offset against the cost of overtime for
the maintenance workers. However, there is no facility for
the transfer of costs between the pay budget and these grants.
Although there are vacancies in the maintenance department the
College has also not been able to fill vacancies in other
areas. Regular overtime is not a right and is not, therefore,
immune to the effects of Government cutbacks. The College has
the right to alter overtime patterns in accordance with its
work requirements and budgetary constraints and should have
the right to eliminate fixed overtime in such circumstances.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court recommends that with effect from 1st January, 1989 the fixed
overtime for the workers in question should be reduced to 1 hour
per day for 3 days and with effect from 1st April, 1989 to 1 hour
for 2 days.
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Signed on behalf of the Labour Court
John O'Connell
11th December, 1988 ---------------
U.M./U.S. Deputy Chairman