Labour Court Database __________________________________________________________________________________ File Number: CD88290 Case Number: LCR11872 Section / Act: S67 Parties: JOHNSTON MOONEY & O'BRIEN LIMITED - and - ELECTRICAL TRADE UNION |
Claim on behalf of three electricians for payment of double time for work done before normal shift starting time.
Recommendation:
5. The Court accepts that the arrangement which has now ceased,
for filling in on shift work was a separate domestic arrangement,
which was to the benefit of all concerned outside the agreed
overtime conditions. The Court does not therefore recommend
concession of the Union's claim.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88290 RECOMMENDATION NO. LCR11872
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: JOHNSTON MOONEY & O'BRIEN LIMITED
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
AND
ELECTRICAL TRADE UNION
SUBJECT:
1. Claim on behalf of three electricians for payment of double
time for work done before normal shift starting time.
BACKGROUND:
2. The Company employs three electricians operating eight hour
shifts in order to provide 24 hour cover five days a week. Under
a longstanding agreement between the Company and the Union when
one of the electricians was absent through either sickness or
holidays, cover for the shift was provided by the other two
electricians. Each worked twelve hours, their normal eight hour
shift and four hours overtime. The established rate for the four
hours overtime was time-and-one-half. All employees in the
Company including electricians receive double time for early start
overtime, which is time worked before their normal starting time.
In 1985, following the introduction of night baking, boilermen
were asked to start early in order to meet increased production
targets. For extra hours prior to normal starting time the
boilermen were initially paid at time-and-one-half. Fourteen
months later they lodged a claim for double time, and the claim
was conceded with full retrospection.
3. The Union claims that its members should have been paid double
time for all hours worked before normal starting time and not time
plus one half. The Company claims that electricians who are
normally required to start work before normal starting time are
already paid double time, however the arrangement whereby two
electricians cover the third shift is a separate and distinct
arrangement which has operated for thirty years to the mutual
benefit of employer and employee. No agreement was reached and
the dispute was referred to the conciliation service of the Labour
Court on the 10th March, 1988. A Conciliation Conference took
place on the 25th March, 1988, but no agreement was reached. The
dispute was referred to the Labour Court for investigation and
recommendation on the 9th May, 1988.
UNION'S ARGUMENTS:
4. 1. The workers concerned should have been paid double time
for all hours worked before normal starting time and not time
plus one half. It is accepted that time plus one half applies
for the four hours worked after normal finishing time.
2. The criteria for overtime payments is clearly defined in
the 1977 Maintenance Craftsmans Agreement which was signed by
the F.U.E. and the craft unions. One can see from sections of
the agreement (details supplied to the Court) that double time
is paid from midnight until normal starting time the following
morning. It is logical to conclude if one is rostered to
cover a shift from 8.00 a.m. to 4.00 p.m. but that due to
absence etc. one is required to start at 4.00 a.m. instead of
8.00 a.m. then these extra hours should be paid at double
time.
3. The Union would argue that its claim should be back dated
indefinitely, but asks the Court only to examine the claim
retrospectively from 1st January, 1987.
COMPANY'S ARGUMENTS:
4. 1. The Company already pays all employees including
electricians double time rate for early start overtime. The
arrangement whereby two electricians cover the third shift is
a totally separate and distinct arrangement that has operated
for thirty years by mutual consent.
2. The situation relating to boilermen cannot be compared to
that of the electricians and has already been outlined to the
Union prior to this hearing. The boilermen have a genuine
early start situation, whereas when an electrician covered for
a fellow electrician who was unavailable through holidays or
illness, he worked a normal twelve hour shift rather than
starting four hours before normal starting time.
RECOMMENDATION:
5. The Court accepts that the arrangement which has now ceased,
for filling in on shift work was a separate domestic arrangement,
which was to the benefit of all concerned outside the agreed
overtime conditions. The Court does not therefore recommend
concession of the Union's claim.
~
Signed on behalf of the Labour Court.
Nicholas Fitzgerald
_______________________
___31st___May,__1988. p.p. John O'Connell,
T. O'D. / M. F. Deputy Chairman.