Labour Court Database __________________________________________________________________________________ File Number: CD90529 Case Number: LCR13072 Section / Act: S67 Parties: DUBLIN CORPORATION - and - DUBLIN CORPORATION TRADE UNION LIAISON COMMITTEE |
Dispute concerning the implementation of a 39 hour week.
Recommendation:
5. Having considered the submissions made by the parties the
Court recommends that the Unions' claim be conceded and the
reduction in working hours should be effected by the reduction of
an hour on Friday. The Court further recommends that the
Corporation consider the feasibility of the Unions' proposal to
combine the half hour already granted on Thursday for the purpose
of cashing wage cheques as a means of reducing the overall cost of
the concession.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD90529 RECOMMENDATION NO. LCR13072
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN CORPORATION
and
DUBLIN CORPORATION TRADE UNION LIAISON COMMITTEE
SUBJECT:
1. Dispute concerning the implementation of a 39 hour week.
BACKGROUND:
2. The claim concerns approximately 3,500 tradespersons and
general operatives whose normal working hours are 8.30 a.m. to
4.30 p.m. or slight variations thereof. In accordance with the
terms of the Programme for National Recovery (P.N.R.) the Unions
submitted a claim for a reduction in the working week of one hour.
At a meeting between the parties in March, 1990 Management offered
to reduce the working week by one hour to be taken each Thursday.
This was rejected by the Unions who are seeking the reduction each
Friday. The issue could not be resolved in local level
discussions and was referred to the conciliation service of the
Labour Court on the 9th August, 1990. A conciliation conference
was held on the 20th August, 1990 but no agreement was reached.
The dispute was referred to the Labour Court on the 29th August,
1990. A Court hearing was held on the 18th October, 1990.
UNIONS' ARGUMENTS:
3. 1. The Corporation has claimed that time off on Thursday to
cash (or lodge) pay cheques by workers constitutes "disruption
of the working day" and Management could not countenance
disruption of normal working arrangements on any other day by
conceding the hour each Friday. Based on an agreement reached
in 1977 staff are permitted time off on pay day (Thursday) to
cash pay cheques. Both the time allowed and the designated
time of the day, were agreed locally. Obviously this entails
a loss of working time, but the Unions strongly object to it
being described as a "disruption."
2. While Management concedes the reduction in the working
week of one hour they wish to turn it to their own advantage.
The last reduction in the working week of the workers
concerned was in 1975 (from 42 to 40 hours). By contrast, the
majority of Corporation officials work, and have done so for
many years, a thirty four hour week.
3. The reduction in working time is intended to increase each
individual workers' leisure time, and the Unions are convinced
that the promotion of leisure time can best be served by
conceding the hour on Friday. The advantage of finishing
earlier on Friday, facing into the weekend is obvious.
4. In the local authority/health board areas, where there is
an extensive standardisation of conditions, the hour off on
Friday has been agreed in many authorities (details supplied
to the Court). The list includes the Cork Borough and the two
biggest health boards. By contrast no local authority or
health board has settled for the hour off on Thursday.
5. During prolonged discussions with Management the Unions
made a number of suggestions designed to make it easier for
the Corporation to concede the hour off on Friday including
the suggestion that time granted to cash pay cheques could be
transferred to Friday and included with the one hour
reduction. However Management showed no interest but tried to
include other issues such as time keepers and others involved
in the preparation of wage sheets.
MANAGEMENT'S ARGUMENTS:
4. 1. The Corporation has over the past four years emphasised to
the Unions the very serious continuing financial situation
throughout the Corporation. As a result Management have had
to reduce the level of the service provided to the public and
can only maintain the service at the existing levels provided
there is no loss in the levels of efficiency and effectiveness
at which the services are provided.
2. The Corporation is satisfied that the disruption of two
working days per week would have an adverse effect on its
efforts to provide the same level of services within its
budgetary provision.
3. It is not feasible at present to change generally the
period each week when wage earning employees are permitted to
be absent from work to cash their cheques from a Thursday to a
Friday in view of the existing bank opening hours and in this
regard, the suggestions made by the Unions are not reasonable.
4. The Corporation is also concerned, as a public services
provider that it should not extend the continuous weekend
period during which normal services are not available to the
public which would be the result of granting the earlier
finishing time on Friday.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court recommends that the Unions' claim be conceded and the
reduction in working hours should be effected by the reduction of
an hour on Friday. The Court further recommends that the
Corporation consider the feasibility of the Unions' proposal to
combine the half hour already granted on Thursday for the purpose
of cashing wage cheques as a means of reducing the overall cost of
the concession.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
1st November, 1990. Deputy Chairman
T.O'D./J.C.