Labour Court Database __________________________________________________________________________________ File Number: CD89887 Case Number: LCR12755 Section / Act: S67 Parties: NEWBRIDGE COLLEGE - and - SERVICES, INDUSTRIAL, PROFESSIONAL, TECHNICAL UNION |
Application of the terms of the agreement on pay under the Programme for National Recovery to permanent staff who work a (30) thirty hour week.
Recommendation:
6. Having regard to the novel rationalisation arrangements
concluded in previous years by the parties to this case, the Court
is satisfied that the #4 minimum increases as provided for in the
P.N.R. is appropriate and should be paid to the claimants.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89887 RECOMMENDATION NO. LCR12755
INDUSTRIAL RELATIONS ACT, 1946 TO 1976
SECTION 67
PARTIES: NEWBRIDGE COLLEGE
(Represented by the Federation of Irish Employers)
and
SERVICES, INDUSTRIAL, PROFESSIONAL, TECHNICAL UNION
SUBJECT:
1. Application of the terms of the agreement on pay under the
Programme for National Recovery to permanent staff who work a (30)
thirty hour week.
BACKGROUND:
2. The dispute involves (7) seven full-time/permanent staff. In
1983 it was agreed that all full-time/permanent kitchen and
domestic staff would, even though they worked different hours each
week, be paid the same rate of pay. In 1986 it was agreed that
they would have a 30 hour week even though this entailed an
increase in hours worked for some and a reduction for others.
Employees working less than 30 hours per week were to be paid
pro-rota with the 30 hours per week workers. Under the terms of
the Programme for National Recovery (P.N.R.) the workers would,
based on their rates of pay be entitled to a minimum of #4.00
increase per week. The first phase of the (P.N.R.) agreement was
due to the workers on 1st September, 1988.
3. Paragraph 2 of the agreement provides:-
"where the application of this formula would result in
increases of less than #4 per week in basic pay for
full-time adult employees the increase could be
adjusted to that level by local negotiations and local
agreement".
The College offered to apply the terms of the (P.N.R.) agreement
based on a 40 hour week (i.e. 30/40 of #4). The Union claimed
that employees were "full-time" adult employees and therefore,
entitled to the #4 minimum increase per week. The College paid
the #4 minimum of the first phase on the basis that the matter
would be referred to the Labour Court before payment of the second
phase. A conciliation conference took place on 23rd February,
1989 and was adjourned. The Industrial Relations Officer involved
was in informal contact with the parties but no agreement was
reached and the parties referred the matter to the Court on 29th
November, 1989. The Court investigated the dispute in Newbridge
on 17th January, 1990.
UNION'S ARGUMENTS:
4. 1. The employees are full-time adult employees.
2. Full-time employment is not defined in the agreement and
many employments' working week is less than 40 hours.
3. By way of the 1983 and 1986 agreements, the full-time
permanent staff's working week was set at 30 hours and the pay
of workers, working less than 30 hours per week, was based on
30 hours pay.
COLLEGE'S ARGUMENTS:
5. 1. The College is willing to apply the #4 minimum on the
basis of a 40 hour working week.
2. Thirty (30) hours per week is not full-time working.
The 30 hour per week workers are not paid overtime premia.
RECOMMENDATION:
6. Having regard to the novel rationalisation arrangements
concluded in previous years by the parties to this case, the Court
is satisfied that the #4 minimum increases as provided for in the
P.N.R. is appropriate and should be paid to the claimants.
~
Signed on behalf of the Labour Court
Kevin Heffernan
13th February, 1990 ----------------
M.N./U.S. Chairman