Labour Court Database __________________________________________________________________________________ File Number: CD89278 Case Number: LCR12401 Section / Act: S67 Parties: DUBLIN CEMETERIES COMMITTEE - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim for compensation for proposed reduction in Saturday overtime work.
Recommendation:
5. Having considered the submissions from both parties the Court
recommends that the Union accept the Company's proposals for
Saturday working and the Company pay compensation for the loss of
earnings incurred of a sum of #500 per person.
Division: Ms Owens Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD89278 RECOMMENDATION NO. LCR12401
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN CEMETERIES COMMITTEE
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim for compensation for proposed reduction in Saturday
overtime work.
BACKGROUND:
2. The Committee is a charitable non profit making organisation.
At present approximately twenty workers are involved in grave
digging duties, etc in the Glasnevin and Palmerstown Cemeteries.
In 1961 an agreement was reached between the Committee and the
Union part one of which relates to staffing and overtime
arrangements for Saturdays. The practice has arisen whereby
approximately fourteen workers work all day Saturday and six work
for the morning only. Overtime rates are applicable. Due to its
present financial problems the Committee has proposed that
Saturday working is done in accordance with the 1961 Agreement, so
that only workers required would attend for work on Saturdays. It
is expected that in the two cemeteries three grave diggers would
be required to work all day and that seventeen grave diggers would
be required for Saturday mornings only. The Union is claiming
twice the annual loss as compensation for management's proposed
reduction in Saturday afternoon overtime. No agreement could be
reached and on 27th January, 1989 the matter was referred to the
conciliation service of the Labour Court. Conciliation
conferences were held on 10th and 18th April, 1989, at which the
Committee proposed that in relation to Glasnevin Cemetery, workers
not involved in grave digging would dress graves on Saturday
afternoons. Rates payable would be #1 per dressing for the first
twenty four and #1.10 over that number. No agreement could be
reached and on 20th April, 1989 the matter was referred to the
Labour Court for investigation and recommendation. The Court
investigated the dispute on 10th May, 1989.
UNION'S ARGUMENTS:
3. 1. The 1961 Agreement (details supplied to the Court) which
arose from a claim for a reduction in the working week has
been in operation for almost twenty eight years. It has
become almost part and parcel of the workers conditions of
employment and all day Saturday overtime has been worked
constantly since that date. On the basis of established
practice, the Union rejects management's attempts to quote
this agreement in terms of a discretionary basis for overtime
on Saturday afternoons. In addition Saturday overtime has
been compulsory and a number of workers have been threatened
with disciplinary action for not making themselves available
for such overtime.
2. In 1971 there were massive redundancies in Glasnevin
Cemetery and the workers accepted the extra work involved and
major work changes such as the use of mechanical diggers. Two
workers were also made redundant in 1988 and both cemeteries
are understaffed. At present there are not a sufficient
number of workers to lower coffins at burials, in line with
the agreement reached on this. Management is therefore not
abiding by that agreement and in the present case is
interpreting the 1961 Agreement, as they see fit. The
overtime involved has become an integral part of the workers
earnings. The losses incurred are substantial and range from
#31 to #60. If management wants to introduce changes in
Saturday working the workers should be compensated for the
losses involved.
COMMITTEE'S ARGUMENTS:
4. 1. Due to historic and current unsustainable financial losses
the Committee has been forced to rationalise its affairs
(details supplied to the Court). Part 1 of the 1961 Agreement
relates to staffing and overtime arrangements for Saturdays
and specifically refers to the fact that workers should attend
for work on Saturdays as required (details supplied to the
Court). However the practice has arisen whereby workers
attend on Saturdays regardless of whether or not they are
required. This practice is totally uneconomic and cannot be
justified in the present economic climate. Consequently, the
Committee is of the view that the 1961 Agreement should again
be applied, whereby only those actually required would attend
on Saturdays.
2. The agreement on Saturday staffing reached in 1961 was
part of an overall agreement which provided significant
benefits to the workers. A further claim for compensation is
not warranted. With the application of the 1961 Agreement, in
Glasnevin Cemetery all sixteen workers will be required on
Saturday mornings and depending on requirements Saturday
afternoon overtime will be available to the grave diggers one
in three Saturdays. In addition, grave dressing work will be
available on Saturday afternoons which will reduce the loss of
earnings originally proposed. In Palmerstown the four grave
diggers will be required on Saturday mornings and one in the
afternoon. In all the circumstances the Union's claim for
compensation should be rejected.
RECOMMENDATION:
5. Having considered the submissions from both parties the Court
recommends that the Union accept the Company's proposals for
Saturday working and the Company pay compensation for the loss of
earnings incurred of a sum of #500 per person.
~
Signed on behalf of the Labour Court
Evelyn Owens
____________________
19th May, 1989. Deputy Chairman
U.M./J.C.