Labour Court Database __________________________________________________________________________________ File Number: CD88664 Case Number: LCR12107 Section / Act: S67 Parties: UNIVERSITY COLLEGE DUBLIN - and - ELECTRICAL TRADES UNION |
Claim, on behalf of thirteen electricians, for compensation for loss of Saturday overtime.
Recommendation:
5. The Court, having considered the submissions from both
parties, recommends payment of compensation for the loss of
overtime at a rate of 2.50 times the annual loss; the amount to be
paid in two equal instalments on the 1st December, 1988 and the
1st April, 1989, and the Court further recommends that payment of
the above compensation be conditional on the Union accepting the
College's proposals for testing the fire alarm system.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88664 RECOMMENDATION NO. LCR12107
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: UNIVERSITY COLLEGE DUBLIN
and
ELECTRICAL TRADES UNION
SUBJECT:
1. Claim, on behalf of thirteen electricians, for compensation
for loss of Saturday overtime.
BACKGROUND:
2. Since 1972, the claimants were rostered for Saturday overtime
on the basis that two would work all day Saturday (8.30am to 5pm)
and one would work Saturday morning (8.30am to 12.30pm). This was
done on a rotational basis so that every electrician was on duty
one Saturday in every four approximately. The College, as part of
its cutback programme, decided that from the 1st January, 1988,
only two electricians would be required on Saturdays and that they
would only be required for a half day (8.30am to 12.30pm). The
claimants did not accept the new arrangement and none of them have
worked the revised overtime arrangement since January. The Union
sought as compensation a lump sum payment to each electrician of
#2,500. This was rejected by Management and on the 19th May, the
issue was referred to the conciliation service of the Labour
Court. At conciliation conferences on the 19th and 29th July,
further disagreement arose on the issue of testing the fire
alarms. No agreement could be reached and the matter was referred
to the Labour Court for investigation and recommendation on the
24th August, 1988. A Court hearing took place on the 21st
October, 1988 (the earliest suitable date).
UNION'S ARGUMENTS:
3.1 Management's decision to change Saturday overtime
arrangements was done without consultation or agreement with
the Union and has resulted in considerable loss of earnings
for the workers concerned.
3.2 At the conciliation conference on the 29th July, the College
indicated that it required the electricians to do work during
the week which they would normally do on Saturdays,
especially the testing of the fire alarms. This will place
an extra burden on the claimants who already have a full work
schedule.
3.3 The fire alarm system cannot be properly tested while
students are attending lectures and laboratories. If alarms
are to be tested during normal hours, students and staff will
not distinguish between tests and true alarms. This could
lead to a very dangerous situation where failure to respond
to alarm bells could result in casualties. When one
considers that there are thousands of young people and staff
on the campus at all times during the week, one can assess
the potential for disaster. Since the electricians could be
held responsible for casualties resulting from malfunctioning
alarms which had not been comprehensively tested, the Union
demands that Management reconsider these proposals.
Otherwise, it must accept full responsibility for any
consequences of flaws in the fire alarm system.
3.4 Work done on Saturdays can only be crammed into weekday
working by withdrawing electricians from areas where they
would normally be engaged. This would result in enormous
pressures being put on individual electricians by members of
staff, who always regard their needs as having priority.
Furthermore, it will inevitably result in others doing jobs
which would normally be done by electricians, which could be
dangerous.
3.5 The preference of the electricians and the Union is for a
return to the pre-January 1988 system of testing. The
question of compensation would then be limited to the period
from the 1st January, 1988 to the date of restoration of
Saturday morning working.
COLLEGE'S ARGUMENTS:
4.1 As a result of a substantial reduction in its income for the
current year, the College was obliged to make a corresponding
reduction in the level of its expenditure. Among other
economy measures, a reduction of approximately 50% of
expenditure on overtime payments to maintenance staff was
decided upon. New overtime arrangements were devised and
accepted by other maintenance unions but not by the
electricians.
4.2 During conciliation discussions it was established that the
reduction in the electricians' overtime earnings as a result
of the new arrangement devised by the College would be
approximately #460 per annum each. The Union suggested that
compensation of 2.50 times the annual loss would be appropriate
but the College rejected that figure as being too high and
referred to a recent Rights Commissioner's Recommendation
(ST113/88) which recommended 1.50 times the annual loss on a
phased basis for grounds maintenance general operatives.
4.3 The College is unwilling to pay compensation for loss of
overtime unless it has an assurance that electricians will
co-operate in testing alarm bells within normal working hours
as directed by their supervisors. The College has a right to
decide when and where alarm bells should be tested and how
the testing operation should be organised.
RECOMMENDATION:
5. The Court, having considered the submissions from both
parties, recommends payment of compensation for the loss of
overtime at a rate of 2.50 times the annual loss; the amount to be
paid in two equal instalments on the 1st December, 1988 and the
1st April, 1989, and the Court further recommends that payment of
the above compensation be conditional on the Union accepting the
College's proposals for testing the fire alarm system.
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Signed on behalf of the Labour Court
4th November, 1988 Evelyn Owens
DH/PG Deputy Chairman