Labour Court Database __________________________________________________________________________________ File Number: CD89122 Case Number: LCR12329 Section / Act: S67 Parties: CNC SERVICE - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim on behalf of a worker for payment of overtime rates.
Recommendation:
6. Having regard to the fixed schedules required by the contract
in question the Court recommends that the Employer amends his
offer to provide for a sum of #20 per week to cover all overtime
worked except on Sundays and Bank Holidays.
Division: Mr O'Connell Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD89122 RECOMMENDATION NO. LCR12329
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CNC SERVICE
AND
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim on behalf of a worker for payment of overtime rates.
BACKGROUND:
2. The Company provides a courier Bank data service. The worker
was employed as a driver by the Company in November, 1986. Two
routes are operated by the Company, the Cork/Dublin route which
involves fifty hours a week and the East Cork/Waterford run which
involves thirty five hours a week. The worker rotates between
these runs on a weekly basis. The worker's basic rate of pay is
#150 per week. When the Company was set up two drivers were
employed and it was agreed that an extra payment of #100 would be
divided so that each driver would receive #50 a week, as they
would be rotating runs every second week.
3. In April, 1987 a local level meeting took place at which the
Union claimed that the workers should receive payment for
overtime worked. Since then, one of the drivers has left and his
work is now carried out by the owner. In March, 1988 the Union
again claimed that the worker should be paid for overtime for work
in excess of forty hours. This was rejected by the Company whose
position is that at the time the worker was employed it was agreed
that the extra #100 a week which was divided between the two
drivers was to cover hours over eighty for both runs and any
delays, etc. that occurred. In April, 1988 the Company offered to
pay an extra sum of #10 per week gross, however this was rejected.
No agreement could be reached and on 24th August, 1988 the matter
was referred to the conciliation service of the Labour Court. A
conciliation conference was held on 11th October, 1988 at which no
progress was made and on 1st March, 1989 the matter was referred
to the Labour Court for investigation and recommendation. The
Court investigated the dispute on 7th March, 1989.
UNION'S ARGUMENTS:
4. 1. The practice of a forty hour week is well established in
Industry. The Court itself through the various Employment
Regulation Orders and Registered Agreements has acknowledged
that forty hours is the norm. In addition, within the terms
of the Programme for National Recovery the right to seek a
reduction in what is now termed the normal forty hour working
week is accepted.
2. The worker was employed on the basis of working a five day
forty hour week and should be paid overtime rates for all
hours worked in excess of forty. The Company's argument that
it cannot pay the appropriate overtime rate is no longer valid
as it no longer has the costs of employing two drivers. The
worker is willing and prepared to work the hours made
available to him, but should be paid the correct rate for any
time in excess of forty hours.
COMPANY'S ARGUMENTS:
5. 1. When the two drivers were employed they were informed that
the basic rate of pay was #150 a week and that there was an
extra payment of #100 per week to cover hours in excess of
eighty for both runs and to cover delays due to weather
conditions, breakdowns, etc. Both drivers agreed at the
initial interview that the #100 would be divided evenly
between both runs as they would be rotating every second week.
It was made quite clear to the drivers that there would be no
payment of overtime other than the #50 and this was accepted
along with the hours of duty. This #50 is also paid during
annual leave and for Bank holidays. If extra runs are
required on Bank holidays or Sundays bonus payments are made.
2. During the course of discussions on this matter the
Company offered to pay an extra sum of #10 gross per week
which equates to 6.7%, which is double the national agreement.
However this was rejected. The present pay structure is based
on a non-overtime situation and the worker has been generously
remunerated for extra runs. The situation would be clear if
formal contracts of employment had been exchanged at the time
of the driver's appointment.
RECOMMENDATION:
6. Having regard to the fixed schedules required by the contract
in question the Court recommends that the Employer amends his
offer to provide for a sum of #20 per week to cover all overtime
worked except on Sundays and Bank Holidays.
~
Signed on behalf of the Labour Court,
John O'Connell
___22nd___March,___1989. ___________________
U. M. / M. F. Deputy Chairman