Labour Court Database __________________________________________________________________________________ File Number: CD89529 Case Number: LCR12729 Section / Act: S20(1) Parties: CUDDY DEVELOPMENT LIMITED - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of one worker for the payment of a driving differential and travel time.
Recommendation:
4. The Court recommends that the Company pay travel time in
accordance with the terms of Recommendation No. 10875.
The Court further recommends that the worker gets the differential
appropriate for a driver under the terms of the Agreement for the
Construction Industry retrospective to 1st January, 1986.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD89529 RECOMMENDATION NO. LCR12729
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: CUDDY DEVELOPMENT LIMITED
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of one worker for the payment of
a driving differential and travel time.
BACKGROUND:
2. The Company, is involved in the construction industry. The
worker concerned was employed as a driver on 23rd May, 1983. He
continued in employment with the Company until mid 1989. During
this period the Union claims that he did not receive a weekly
driving differential or three quarters of an hour travelling time
per day which is normally paid in the construction industry. As
the matter could not be settled at local level, and the Company
declined to attend a Rights Commissioner investigation, the Union
referred it on 25th July, 1989, to the Labour Court, under Section
20(1) of the Industrial Relations Act, 1969. The Court
investigated the dispute on 4th October, 1989, in Galway. Prior
to the hearing the Union agreed to accept the recommendation of
the Court.
UNION'S ARGUMENTS:
3. 1. Under a Construction Industry Federation/Irish Congress of
Trade Unions agreement the weekly differential for a driver of
a 1 -6 ton vehicle is #2.60 per week. The worker also only
received a base rate of #140.40 per week (copy of pay slips
supplied to the Court) despite the agreed rate being #147.40
since 1st April, 1989. The Union is claiming #2.60 per week
from the date of his commencing employment with the Company
(23rd April, 1983) to 1st April, 1989, and #7 per week from
1st April, 1989, to the cessation of his employment.
2. Prior to 31st December, 1986, travel time was not paid in
Galway. However a claim by the Trade Union Group in Galway
for its application led to the issuing of Labour Court
Recommendation No. 10875, which stated:
"The Court having considered the submissions from both
parties recommends concession of the Union's claim for
payment of travelling time in Galway and that the Scheme
should be implemented on a similar basis to that in
operation in Waterford. The Court recommends that the
Scheme should come into operation on January, 1st 1987."
On the basis of this recommendation the worker concerned is
entitled to three quarters of an hour travelling time per day
retrospective to 1st January, 1987.
RECOMMENDATION:
4. The Court recommends that the Company pay travel time in
accordance with the terms of Recommendation No. 10875.
The Court further recommends that the worker gets the differential
appropriate for a driver under the terms of the Agreement for the
Construction Industry retrospective to 1st January, 1986.
~
Signed on behalf of the Labour Court
John O'Connell
______________________
2nd February, 1990. Deputy Chairman
B.O'N/J.C.