Labour Court Database __________________________________________________________________________________ File Number: CD87936 Case Number: LCR11705 Section / Act: S67 Parties: CORK CORPORATION - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim on behalf of approximately twenty workers for an increase in Saturday premium.
Recommendation:
5. The Court, having considered the submissions made by the
parties, recommends that the claimants accept the Corporation's
offer.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87936 RECOMMENDATION NO. LCR11705
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CORK CORPORATION
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim on behalf of approximately twenty workers for an
increase in Saturday premium.
BACKGROUND:
2. A Saturday premium is paid to certain staff who have a six day
liability including traffic wardens, litter wardens and market
porters. This premium was introduced in the late 1970s at a rate
of #1 per Saturday worked. In 1983 the Union sought an increase
to #2.10 in line with an increase granted to Health Board
employees. The Corporation sought sanction from the Department of
the Environment to apply such an increase. The Department
sanctioned an increase to #2.20 which was assumed by the
Corporation and the Union to be a typing error and an increase to
#2.10 was applied. In February, 1987, the Union sought a further
increase to #3.42, in line with an increase in the Health Board
premium. The Corporation sought sanction for such an increase and
the Department of the Environment sanctioned an increase of #2.80,
on the basis that this was the figure obtained when an increase in
line with basic rates and other allowances was applied to the
#2.20 sanctioned in 1983. The Union was not prepared to accept
such an offer stating that there was an established relationship
with the Health Boards. The matter was referred to the
conciliation service of the Labour Court on 14th October, 1987 and
a conciliation conference was held on 25th November, 1987. The
possibility of increasing the premium annually as is the practice
in relation to other Corporation plus payments was discussed. No
agreement being reached, the matter was referred to the Labour
Court and a Court hearing took place on 10th February, 1988, in
Cork.
UNION'S ARGUMENTS:
3. 1. There is an established practice in relation to the
revision of the Saturday premium. The premium has, in the
past, been adjusted in accordance with adjustments to the
premium applying in the Health Boards. The Corporation sought
sanction to apply the 1987 increase in accordance with the
established practice.
2. There has never been an annual review of the Saturday
premium and it has been accepted that it is subject to
periodic and not regular review.
CORPORATION'S ARGUMENTS:
4. 1. There is no established relationship between Corporation
workers and non-nursing staff in the Health Boards. The
Corporation's offer to increase the premium with reference to
wage movements generally is fair and reasonable and continues
the practice previously adopted. It is also the method used
to adjust all other differentials in current use in the
Corporation.
2. The Minister for the Environment is not prepared to
sanction any proposal linking the workers to non-nursing
grades in the Health Boards since he does not see such a
relationship as being appropriate.
3. The claim must now be considered in the context of the
budget speech of the Minister for Finance of 31st March, 1987
which precludes the payment of special pay increases or
improvements other than those already approved. In this
context the offer already made had been approved and could be
paid but the Corporation is precluded from making any further
concession. Furthermore, the claim is being dealt with by the
Corporation under Clause 3.3. (a) of the current pay agreement
in the public service which specifically excludes the use of
external comparisons.
RECOMMENDATION:
5. The Court, having considered the submissions made by the
parties, recommends that the claimants accept the Corporation's
offer.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
__________________________
23rd February, 1988. Deputy Chairman
A.K./J.C.