Labour Court Database __________________________________________________________________________________ File Number: CD88841 Case Number: LCR12215 Section / Act: S67 Parties: DEPARTMENT OF DEFENCE - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim by the Union on behalf of 19 civilian telephonists concerning the calculation of payment for meal breaks.
Recommendation:
5. In the circumstances of this case, the Court is satisfied
that there was a misinterpretation of the 1973 agreement and that
both parties have grounds for their interpretations. However, the
Court is of the view that a genuine error occured and accordingly
recommends:-
(a) Payment of the meal allowances, as claimed by the
Union, be made to and including 31st December, 1989,
(b) Payment thereafter be made on the basis of the
Department's interpretation of the 1973 agreement.
Division: Ms Owens Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88841 RECOMMENDATION NO. LCR12215
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DEPARTMENT OF DEFENCE
AND
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim by the Union on behalf of 19 civilian telephonists
concerning the calculation of payment for meal breaks.
BACKGROUND:
2. The 19 workers operate in the 4 Army Barracks in Dublin.
Their relevant conditions are as follows:-
Cathal Brugha and Clancy Barracks: 4 week cycle, 3 weeks of
5 days and 1 week of 6. Total hours 42 per week. Paid for basic
week of 43.5 hours.
Collins and McKee Barracks: 5 week cycle, 3 weeks of 5 days,
2 weeks of 6 days. Total hours 43.20 per week. Paid for basic
week of 43.5 hours.
Under an agreement of 1973 where mealbreaks are worked payment at
the appropriate overtime rate is made (see appendix). From 1973
until 1987 this was interpreted at 6 hours per week for 6 breaks
whether a 5 or 6 day week was worked. In 1987, the Department of
Defence changed the mealbreak payment to actual hours worked on
the grounds that an error had been made in the interpretation of
the agreement. This effectively meant a reduction of 4.50 hours pay
for each cycle in the 4 Barracks. The Union claims restoration of
the payment with full retrospection. Agreement could not be
reached at local level and on 19th August, 1988, the dispute was
referred to the conciliation service of the Labour Court. No
agreement was reached at a conciliation conference held on 14th
October, 1988, and the matter was referred on 28th October, 1988,
to the Labour Court for investigation and recommendation. The
Court investigated the dispute on 12th December, 1988.
UNION'S ARGUMENTS:
3. 1. The 1973 agreement refers to "these 6 hour meal intervals"
and since 1973 and up until April, 1988, the agreement has
been applied on the basis of the payment of 6 hours overtime
to civilian telephonists who work their meal intervals in any
one week, irrespective of the number of shifts involved.
2. The Union and the Department have interpreted the 1973
agreement in the same way for the past 15 years. The
Department have no right now to unilaterally seek to put a
different interpretation on that agreement, particularly as
they were fully aware of the way in which the agreement had
been implemented for those 15 years.
3. The Court in Recommendation Number 11,942 found that to
reduce the rate of pay for a group of workers was "contrary to
the terms of the agreement on pay in the Public Service". The
Union believes that the same principle applies in this case.
DEPARTMENT'S ARGUMENTS:
4. 1. It is clear from all records available that the intention
of all concerned in 1973 was that overtime rates would apply
to all meal intervals worked. By implication if a meal
interval was not worked no payment would be made.
2. In January, 1988, the Minister for Defence, in reply to
representations, indicated inter alia that the civilian
operators in the Dublin barracks, due primarily to the hours
worked, are paid on the basis of a 6 day week. In March,
1988, in preparing a reply to a Parliamentary Question, it was
discovered that civilian operators attached to the Dublin
barracks, although conditioned to a 43.5 hour week, worked a 5
week cycle, 2 weeks at 48 hours per week and 3 at 40 hours per
week, and were paid for 6 hours meal intervals every week. It
was the Department's duty to ensure that the mistake was
corrected immediately and arrangements were made to have only
meal intervals worked paid for at the appropriate overtime
rates.
3. To concede this claim would mean that the Department would
be engaged in unauthorized expenditure as the Department of
Finance sanction for meal payments states that payment should
be for meal intervals worked. (Details provided to the
Court).
RECOMMENDATION:
5. In the circumstances of this case, the Court is satisfied
that there was a misinterpretation of the 1973 agreement and that
both parties have grounds for their interpretations. However, the
Court is of the view that a genuine error occured and accordingly
recommends:-
(a) Payment of the meal allowances, as claimed by the
Union, be made to and including 31st December, 1989,
(b) Payment thereafter be made on the basis of the
Department's interpretation of the 1973 agreement.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___18th___January,__1989. ___________________
B. O'N. / M. F. Deputy Chairman
APPENDIX
Meal Intervals: With effect from the 1st July, 1973, the six
hours meal intervals worked by telephone operators to be paid at
the following overtime rates:
Rate plus 1/4 for the first 4 hours (78.0p per hour)
Rate plus .50 for the next two hours (93.6p per hour)
Payment should not be made where the meal intervals are not worked
viz. during periods of annual leave, sick leave, etc.
Present meal allowance of #3.17 per week should be terminated with
effect from the 1st July, 1973.