Labour Court Database __________________________________________________________________________________ File Number: CD87878 Case Number: LCR11697 Section / Act: S67 Parties: A.C.O.T. - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of 13 workers employed at Mellows College Athenry for compensation in respect of loss of overtime earnings.
Recommendation:
10. In the light of the organisation's extremely difficult
financial position the Court does not recommend concession of the
Union's claim.
Division: Mr Fitzgerald Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD87878 RECOMMENDATION NO. LCR11697
INDUSTRIAL RELATION ACTS, 1946 TO 1976
SECTION 67
PARTIES: A.C.O.T.
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of 13 workers employed at Mellows College
Athenry for compensation in respect of loss of overtime earnings.
BACKGROUND:
2. Following an AFT/ACOT Review Group report, discussions
commenced between the Union and A.C.O.T. on a rationalisation
programme at Mellows College in April, 1987. It was proposed to
cut staff by 10 (6 immediately) and overtime from #114,000 per
annnum to #7,000/#5,000 per annum.
3. In May, 1987, the Board of A.C.O.T. approved a revised budget
for 1987 which included a reduction of #0.85m on foot of an
instruction from the Minister for Agriculture and Food that a
supplementary State grant would not be made available.
4. Included in the reductions were revised budgetary provisions
for the four A.C.O.T. Colleges. It was decided that the proposed
overtime cuts should take effect immediately at Mellows College.
The reductions were implemented with effect from 20th June, 1987.
5. Some of the workers concerned were in receipt of "unworked
overtime" in respect of carrying out higher duties. Those workers
are now in receipt of the appropriate allowance for carrying out
these duties.
6. The Union lodged a claim for compensation in respect of loss
of overtime earnings. This claim was rejected by A.C.O.T. and the
matter was referred to the Conciliation Service of the Labour
Court on 4th August, 1987. Conciliation conferences were held on
the 7th and 21st October, 1987.
7. As no agreement was possible both parties agreed to refer the
matter to the Labour Court for investigation and recommendation.
A Court hearing was held in Galway on 27th January, 1987.
UNION'S ARGUMENTS:
8. 1. Overtime working has always been a feature of working in
Mellows College. The workers have been working overtime all
of their service years, ranging from 8 years to 40 years.
They are now losing 5 to 20 hours per week at time + half and
1 to 12 hours Sunday working at double time. These overtime
earnings should be considered as part of their weekly
earnings and take home pay, as the overtime had been worked
for a long period.
2. There have been many precedents in the past in respect of
compensation for loss of earnings. The Labour Court itself
has issued several Recommendations regarding compensation for
loss of earnings.
3. Overtime has always been considered as normal working in
Mellows College. It has always been accepted that
compensation would be paid in respect of any cutbacks in
overtime - two previous Recommendations in respect of ACOT
verify this.
A.C.O.T.'S ARGUMENTS:
9. 1. In July, 1987, a finalised farm rationalisation package
was agreed with the Union. As an integral element of the
'Package' it was agreed by ACOT that despite the financial
problems it would, given the co-operation of staff with the
reduction in overtime and staff numbers, apply an increase,
of #7.88 per week claimed by the Union with effect from 1st
October, 1983, to those staff who were not members of the
Staff Scheme for Farm, Domestic and Related grades. The
total cost to ACOT of this concession was #30,000 (approx.).
Seven of the claimants received retrospective payments of
#2,000 (approx.) each.
2. If this claim was conceded it would have repercussive
effects for staff in the 3 other ACOT Colleges where similar
reductions in overtime occurred.
3. ACOT does not accept that valid grounds exist for the
payment of compensation for loss of overtime earnings to the
claimants. However, even if such grounds existed, ACOT could
not implement any cost increasing claims in its present
critical financial position. In October, 1987, the
Government announced a #20m budget for the new authority to
be established with the amalgamation of ACOT and AFT. This
effectively involved a #15m cut, or 44%, in their joint
budget compared to the previous year.
RECOMMENDATION:
10. In the light of the organisation's extremely difficult
financial position the Court does not recommend concession of the
Union's claim.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
_______________________
18th February, 1988.
M.D./P.W. Deputy Chairman