Labour Court Database __________________________________________________________________________________ File Number: CD89214 Case Number: LCR12367 Section / Act: S67 Parties: DEPARTMENT OF DEFENCE - and - AUTOMOBILE, GENERAL ENGINEERING AND MECHANICAL OPERATIVES |
Loss of shift allowance and overtime.
Recommendation:
5. Having considered the submissions made by the parties, the
Court is of the view that the final offer made by the Department
of Defence is fair and reasonable and should be accepted. The
Court so recommends.
Division: Mr Fitzgerald Mr Shiel
Text of Document__________________________________________________________________
UNION
Worker: Mr. O'Murchu
Body:
CD89214 RECOMMENDATION NO. LCR12367
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DEPARTMENT OF DEFENCE
and
AUTOMOBILE, GENERAL ENGINEERING AND MECHANICAL OPERATIVES UNION
SUBJECT:
1. Loss of shift allowance and overtime.
BACKGROUND:
2. The claim concerns one boilerman who was employed by the
Department of Defence in McKee Barracks. Following a decision to
convert the boiler from solid fuel to gas the boilerman was
redeployed within the Department with a loss of shift pay and
overtime. The Department acknowledged this loss of earnings and
offered the employee a once off lump sum payment of #800. The
offer was initially accepted by the employee and his Union but
subsequently it was rejected as the Union claimed that events had
altered their acceptance. Following further negotiations the
Department increased their offer of a lump sum payment to #900.
This was rejected by the Union and the claim was referred to the
Conciliation Service of the Labour Court. At a conciliation
conference on 16th January, 1989 the Department was not in a
position to improve its offer on the lump sum payment and on 1st
February, 1989 the union requested that the claim be referred to
the Labour Court for investigation and recommendation. The
Department agreed and the Court investigated the dispute on 17th
April, 1989.
UNION'S ARGUMENTS:
3. 1. The worker serviced a solid fuel boiler over an eight
month period each year, from October to May. He worked forty
four hours over seven days by way of a two cycle shift and
performed these duties for fourteen years. His annual loss of
earnings arising from his redeployment following the
conversion of the boiler would be #1336 - including (A) shift
differential of #27.50 per week, (B) four hours of rostered
overtime per week, #13.68 (C) Bank holiday earnings of approx
#168 and (D) two days annual leave. (The claim covering
annual leave was withdrawn at the hearing). The worker has
incurred substantial losses as his economic expectations and
life style were based on those earnings.
2. The installation of a more efficient heating system will
yield significant savings to the Department and accordingly
compensation of the order of #9000 should be paid to the
worker to offset the substantial loss incurred in respect of
the rostered overtime.
DEPARTMENT'S ARGUMENTS:
4. 1. Due to the conversion of the boiler in McKee Barracks to
natural gas the services of the boilerman were no longer
necessary. The annual loss of earnings for the worker was
approximately #994. In March 1988 the Department offered to
compensate the worker with a lump sum payment of #800. The
Union and worker initially accepted this offer but rejected it
later. Following further discussions the Department made a
final increased offer of #900 which was rejected by the Union.
The Department is now concerned that should the Court not
confirm its offer of #900 future agreements entered into with
the union may again be reverted.
RECOMMENDATION:
5. Having considered the submissions made by the parties, the
Court is of the view that the final offer made by the Department
of Defence is fair and reasonable and should be accepted. The
Court so recommends.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
27th April, 1989 -------------------
A.MCG/U.S. Deputy Chairman