Labour Court Database __________________________________________________________________________________ File Number: CD87934 Case Number: LCR11726 Section / Act: S67 Parties: SLIGO VOCATIONAL EDUCATIONAL COMMITTEE - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 3 caretakers concerning a change in working conditions and the right to overtime payments or time off in lieu at premium rates, in respect of Saturday attendance.
Recommendation:
6. Having considered the arguments advanced by both parties the
Court is of the view that the financial constraints imposed on the
Committee and the steps it has had to take with all staff to cope
with them is the over-riding reality in this case. Accordingly
the Court recommends that in so far as it does not involve the
Committee in related additional costs, the Committee should offer
time-off in lieu at appropriate premium rates and that the Union
should accept this offer.
Division: Mr O'Connell Mr Heffernan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87934 RECOMMENDATION NO. LCR11726
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: SLIGO VOCATIONAL EDUCATIONAL COMMITTEE
DEPARTMENT OF EDUCATION
DEPARTMENT OF FINANCE
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 3 caretakers concerning a
change in working conditions and the right to overtime payments or
time off in lieu at premium rates, in respect of Saturday
attendance.
BACKGROUND:
2. Since the early 1980's Sligo Regional Technical College
(R.T.C.) has been opened on Saturdays when required (details
supplied to the Court) and caretakers received overtime payment
for attending on Saturdays. In June, 1987 as a result of the
Government decision to reduce the cost of the public service, the
Department of Education issued the College with cash limits
directive for 1987 and 1988. To achieve these limits the V.E.C.
took a number of steps (details supplied to the Court) including
eliminating Saturday overtime from September, 1987. The College
also invoked the caretakers conditions of employment to roster
them for Saturdays.
3. The Union maintained that the caretakers have by custom and
practice always worked a 5 day week, therefore, the conditions of
appointment quoted by the College are void, given their disuse
over the years. As agreement could not be reached at local level
the issue was referred to the conciliation service of the Labour
Court on 20th November, 1987. A conciliation conference held on
7th December, 1987, failed to resolve the issue and on 8th
December, 1987, it was referred to the Labour Court for
investigation and recommendation. A Court hearing took place on
9th February, 1988, in Sligo.
UNION'S ARGUMENTS:
4. 1. One of the workers concerned in this dispute was party to
a Rights Commissioner's hearing concerning the Colleges
failure to make a payment for overtime worked on Saturday 12th
and 19th, September, 1987. The Rights Commissoner's
recommendation (ST265/87), resulted in the worker receiving
payment for the periods in dispute.
4. 2. The Union maintains that the departmental directive
referred to by the V.E.C. has not been made available to it at
either local or head office level. The secretary for the
group of unions, at national level, is also unaware of this
directive.
3. The agreement on the issue of overtime payments is
outlined in the Department of Educations circular F21/86,
which clearly confirmed payment for Saturday work as being the
first 4 hours payable at time and one half and thereafter at
double time. Any deviation from this agreement could result
in widespread difficulties at national level. Any amendment
should only come about as a result of negotiations at national
level.
4. The College has produced a copy of the caretakers
conditions of appointment. The Union is aware that one of the
workers concerned signed a copy of these conditions, however,
the other caretakers have no recollection of signing them. In
view of the fact that the caretakers have worked for over 10
years and Saturday work was always overtime, the Union claims
that by custom and practice overtime should continue. Failing
overtime payment for Saturday working, the Union would accept
time-off in lieu provided that this is at premium rates.
OFFICIAL SIDE'S ARGUMENTS:
5. 1. Due to cash limits imposed by the Department of Education,
and in an effort to maintain employment, the College is no
longer in a position to pay overtime to any support staff.
The College has a need to provide access on a Saturday and
consequently caretakers must operate modified schedules
covering Saturdays. This is in accordance with the caretakers
signed conditions of appointment. Failure to comply with the
modified schedule would mean that the caretaker is in breach
of his conditions of service.
2. The Official Side is prepared to offer time-off in lieu at
time plus one half for Saturday working. The Official Side
maintains that this offer is fair and reasonable as an
allowance greater than this is not typical in the public
sector and terms more favourable than these could have severe
repercussive effects.
3. Other staff unions representing employees in the V.E.C.
have not objected to re-rostering. Indeed, a number of
academic posts have been shut but no job losses have occurred
in the support staff area.
4. In addition to the financial constraints now operating,
the changing educational requirements of the College, such as
new courses, must be taken into account when deploying staff
to best advantage.
RECOMMENDATION:
6. Having considered the arguments advanced by both parties the
Court is of the view that the financial constraints imposed on the
Committee and the steps it has had to take with all staff to cope
with them is the over-riding reality in this case. Accordingly
the Court recommends that in so far as it does not involve the
Committee in related additional costs, the Committee should offer
time-off in lieu at appropriate premium rates and that the Union
should accept this offer.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
3rd March, 1988. Deputy Chairman
B.O'N/J.C.