Labour Court Database __________________________________________________________________________________ File Number: CD89905 Case Number: LCR12722 Section / Act: S67 Parties: OFFICE OF PUBLIC WORKS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for compensation for loss of overtime earnings in respect of 8 general operatives.
Recommendation:
5. The Court has considered the submissions made by the parties,
and, having regard to the fact that the overtime in question
whilst directly related to the operation of the solid fuel boilers
was intermittent rather than regular, is of the opinion that an
offer of six months compensation for its loss is reasonable and
should be accepted by the workers who qualify.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD89905 RECOMMENDATION NO. LCR12722
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: OFFICE OF PUBLIC WORKS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for compensation for loss of overtime
earnings in respect of 8 general operatives.
BACKGROUND:
2. The claim arises as a result of a decision by the Office of
Public Works to convert from a solid fuel to natural gas central
heating system at Government Buildings. For a number of years the
workers concerned worked overtime on Saturdays for a period of
weeks during the heating season. Their duties included the
removal of ashes, cleaning of boilers and the trimming of turf.
Since the changeover to natural gas these duties, which were
carried out on an overtime basis are no longer performed. The
Union is claiming compensation for loss of overtime earnings
amounting to #473.00 each in respect of seven workers and #205 in
respect of the eight worker. Management has rejected the claim.
Local discussion failed to resolve the issue and the dispute was
referred to the conciliation service of the Labour Court on the
26th September, 1989. A conciliation conference was held on the
21st November, 1989 but no agreement was reached. The matter was
referred to the Labour Court on the 12th December, 1989. A Court
hearing was held on the 22nd January, 1990.
UNION'S ARGUMENTS:
3. 1. The loss of overtime earnings suffered by the workers
concerned is not as a result of financial cut-backs but is a
direct result of the decision by the Office of Public Works to
convert from a solid fuel to natural gas central heating
system. While the loss of earnings may appear to be
relatively small, nevertheless the workers who performed these
duties for a number of years looked forward to enhancing their
earnings during the heating season. The workers concerned
have a very low basic rate of pay and the opportunity to
increase their earnings was very important. It is only fair
that they be compensated for the loss.
2. The savings to the Office of Public Works will be ongoing,
yet Management have refused to make an offer of compensation.
It should be noted that in 1988 there were three Labour Court
Recommendations concerning compensation for loss of earnings
arising out of the conversion to natural gas (L.C.R. 11744,
L.C.R. 11953 and L.C.R. 12109 refer). The recommendations
were in favour of the Union's claims which dealt with the same
employer. The Union requests that its claim be dealt with no
less favourably on this occasion.
MANAGEMENT'S ARGUMENTS:
4. 1. The claims were rejected on the grounds that the overtime
and allowances concerned were not part of the workers normal
week upon week pay package, the work performed was voluntary,
was available to and worked by other employees, and no genuine
losses occurred. A breakdown of the overtime earnings of the
workers concerned in 1987 and 1989, i.e. the years before and
after the conversion of the boilers, (details supplied to the
Court) show that far from suffering losses, most of the
workers concerned have improved their earnings considerably
since the conversion took place.
2. Over the years there have been a large number of Labour
Court recommendations which awarded compensation for loss of
"structured or regular" overtime. Management understands
these terms to mean:- (1) overtime which formed an essential
and continuing part of a worker's normal duty and therefore,
pay (2) The workers would have good reason to believe that
this overtime would continue to be an ongoing feature of their
employment in the future and (3) the removal of which would
lead to a reduction in the workers' capacity to maintain their
existing standards of living. None of the payments for which
compensation is now claimed would qualify under any of these
headings. Furthermore, Management would contend that no
genuine losses have occurred.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties,
and, having regard to the fact that the overtime in question
whilst directly related to the operation of the solid fuel boilers
was intermittent rather than regular, is of the opinion that an
offer of six months compensation for its loss is reasonable and
should be accepted by the workers who qualify.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
31st January, 1990. Deputy Chairman.
T.O'D./J.C.