Labour Court Database __________________________________________________________________________________ File Number: CD88497 Case Number: LCR12015 Section / Act: S67 Parties: ULSTER BANK LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim on behalf of Security Guards for the application of the emergency call-out allowance as originally introduced.
Recommendation:
6. The Court, having considered the submissions made by the
parties and also the provisions of the Management/Union Agreement,
does not recommend concession of the Union's claim.
Division: Mr Fitzgerald Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD88497 RECOMMENDATION NO. LCR12015
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ULSTER BANK LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim on behalf of Security Guards for the application of the
emergency call-out allowance as originally introduced.
BACKGROUND:
2. The workers are employed at Sandyford Computer Centre and work
a twelve hour shift rota covering twenty four hours, seven days a
week, which provides for fourteen working days and fourteen rest
days in each period of twenty-eight days. In January, 1985 an
agreement was made between the Bank and the Union which included
the issue of Emergency Call-Out Allowance and provided for the
payment of four times the ordinary overtime rate (4 x 1½T) for the
first hour or part of an hour and double time thereafter (see
Appendix A). This was in line with the rates applicable in the
all Bank Industry Agreement No. 8/1978 (see Appendix B).
3. In 1986 discussions took place between the Union and the
Associated Banks on the issue of premium rates for rest day
overtime, arising from which each Bank subsequently carried out a
survey of current practice. From this it emerged that in the case
of this Bank the emergency call-out rates were being applied to
rest day working. In the Bank's opinion the emergency call-out
rate had been paid incorrectly and such payment was made at normal
overtime rates from 1st January, 1987. In March, 1987, the Union
sought an interpretation of the emergency call-out allowance and
the Bank's position was that emergency call-out rates would apply
where less than four hours notice was given and ordinary overtime
rates would apply where four or more hours notice was given. This
was unacceptable to the Union whose position was that the
emergency call-out allowance should be applied to guards working
on their rest day i.e. unplanned overtime and the rates previously
paid had been in accordance with the correct interpretation of
the agreement. No agreement could be reached at local level and
on 29th April, 1988, the matter was referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 30th June, 1988, (the earliest date suitable to both parties)
at which no progress was made and on 1st July, 1988, the matter
was referred to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 22nd
August, 1988.
UNION'S ARGUMENTS:
4. 1. The workers concerned are shift workers and therefore
must provide twenty four hour cover on a seven day basis.
There are numerous occasions where an emergency call-out
situation has arisen (details supplied to the Court). The
workers have to cover such situations quite frequently and
the amount of notice given should be compared to a similar
situation for a day worker. Also, on occasions the workers
may have social commitments but may be asked to report for
work at the start of a shift in the morning or in the evening
which can result in the cancellation of personal arrangements
and this can put additional pressure on the workers' social
and domestic lives.
2. The issue in dispute is the 1985 Agreement with the Bank.
The Supervisor was previously interpreting the agreement
correctly in applying the emergency call-out rates. The
position of the Bank is in clear breach of the agreement made
regarding emergency call-outs (details supplied to the
Court). Neither party to an agreement has a unilateral right
to change the conditions of an agreement without full
consultation and agreement with the other party. The
principles of upholding agreements between two parties and
the method for changing agreements must be upheld.
BANK'S ARGUMENTS:
5. 1. The January, 1985, agreement on the emergency call-out
allowance meant the implementation of the all Bank Industry
Agreement No. 8/1978 which was in effect the Union's claim
(details supplied to the Court). When the 1978 Agreement was
drawn up it was intended to apply to emergency situations
such as activation of branch alarms, fire, break in etc., in
which cases the workers called in would be paid the emergency
rate as opposed to overtime. In the present situation
however the normal requirement is for a Guard to work
additional hours on his rest day to cover another worker who
is absent due to ill health or other personal reasons. This
is not a genuine emergency situation as envisaged in the 1978
agreement.
2. The Union maintains that a worker required to work on his
rest day should be compensated at the special Emergency
Attendance rates irrespective of the amount of notice given
and further that because the Agreement had been interpreted
in a particular manner for a period of time this should
continue. However, the incorrect interpretation of the
Agreement by the Supervisor for a short period of time cannot
be accepted by the Bank as creating a precedent for the
future. In addition, the other Associated Banks do not
interpret the Agreement in the manner sought by the Union and
the Bank by extending an Industry Agreement into this Bank
never intended to go beyond its provisions. The Union claim
is also out of line with agreed forms of compensation in
other employments (details supplied to the Court).
RECOMMENDATION:
6. The Court, having considered the submissions made by the
parties and also the provisions of the Management/Union Agreement,
does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
8th September, 1988 -------------------
U.M./P.W. Deputy Chairman
APPENDIX A
ITEM 7 OF 29 JANUARY 1985
AGREEMENT BETWEEN BANK AND UNION
Emergency Call-out Allowance
The Bank will apply the Industry Agreement No. 8/1978 i.e.
"An allowance will apply to emergency i.e. unplanned and without
prior notice attendance after normal working hours at the rate of
four times the ordinary overtime rate (4 x 1½T) for the first hour
or part of an hour. Double time (2T) thereafter".
This means that where a Security Guard on his Rest Day is called
out to cover an emergency situation the above Agreement will
apply. It does not apply to an ordinary overtime situation or
someone coming in early to start a Shift.
APPENDIX B
ITEM 1 OF BANK INDUSTRY AGREEMENT NO. 8/1978
1. Emergency Call-Out Allowance:
Effective from 1st June, 1978 an allowance will apply to
emergency, i.e. unplanned and without prior notice attendance
after normal working hours at the rate of:
Four times the Ordinary Overtime Rate (4 x 1½T) for the first hour
or part of an hour,
Double time (2T) thereafter.