Labour Court Database __________________________________________________________________________________ File Number: CD89165 Case Number: LCR12318 Section / Act: S67 Parties: DEPARTMENT OF DEFENCE - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union for compensation for loss of shift earnings and overtime.
Recommendation:
5. The Court having considered the submissions from both parties
recommends compensation of 1 year's loss of overtime and shift
allowance.
Division: Ms Owens Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89165 RECOMMENDATION NO. LCR12318
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DEPARTMENT OF DEFENCE
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union for compensation for loss of shift earnings
and overtime.
BACKGROUND:
2. The claim concerns four general workers employed by the
Department in Frank Aiken military barracks, Dundalk. The boiler
in the barracks has been converted to natural gas primarily for
economic reasons. As a result of the changeover, the workers have
lost shift pay (3 cycle shift over 7 days for an average of 32
weeks in the year) and overtime. The agreed losses amount to
#1,600 per annum, of which #350 is loss of overtime and #1,250 is
loss of shift pay. The Union, on behalf of the workers, lodged a
claim for compensation of twice the annual loss. The Department
offered compensation of 6 months losses, amounting to #800. Of
this, #175 was to cover loss of overtime and #625 was to cover
loss of shift. The Union rejected the offer on the grounds that
it was insufficient. No agreement could be reached at local
level, and on 26th January, 1989 the matter was referred to the
conciliation service of the Labour Court. A conciliation
conference took place on 23rd February, 1989. No agreement was
reached and on 1st March, 1989 the matter was referred to the
Labour Court for investigation and recommendation. A Court
hearing took place in Dublin on 7th March, 1989.
UNION'S ARGUMENTS:
3. 1. The workers concerned have worked the patterns of shift
and overtime existing in the barracks for long periods of
time, some for over ten years. During this period of time a
dependence has been built up on the income derived from the
shift and overtime concerned. Mortage repayments and
provision for dependants have been calculated on the basis of
these earnings. It is simply unreasonable of the Department
to expect the workers to settle for the offer which has been
made, particularly in the light of the workers low rate of
basic pay. (Details supplied to the Court).
2. In C.I.E. a two year buy-out operates in respect of losses
of such earnings. A recent Labour Court recommendation
(LCR10760) recommended in favour of the Union in respect of
its claim for compensation at the Mater Hospital. The Union
requests the Court to recommend in its favour.
DEPARTMENT'S ARGUMENT:
4. 1. The Government's policy in curtailing expenditure in the
Public Service has placed severe financial restraints on the
Department. Expenditure must be kept within the provisions of
the Department's Estimates and no provision has been made in
the Department's Estimates for 1989 to meet any award that
might result from the Union's claim. Concession of the claim
will have serious implications for the Department particularly
at a time when only voluntary redundancies are agreed under
The Programme for National Recovery and when other similar
claims are being processed at local level. The Department
asks the Court to confirm its offer of half the annual loss
and to reject the Union's claim.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
recommends compensation of 1 year's loss of overtime and shift
allowance.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___________________
20th March, 1989.
P. F. / M. F. Deputy Chairman.