Labour Court Database __________________________________________________________________________________ File Number: CD91484 Case Number: LCR13499 Section / Act: S67 Parties: WATERFORD CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning compensation for the loss of overtime earnings by 9 workers.
Recommendation:
5. Having regard to the circumstances which led to the reduction
in the overtime in question and to the pattern of alternative
overtime which has emerged the Court does not recommend concession
of the Union claim.
Division: CHAIRMAN Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD91484 RECOMMENDATION NO. LCR13499
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(4), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: WATERFORD CORPORATION
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning compensation for the loss of overtime
earnings by 9 workers.
BACKGROUND:
2. 1. The claim is on behalf of 9 workers who had regular
rostered overtime which was ended by the corporation 4 years
ago.
(a) Drivers (7) - for 10 years ½ hour per day to clean
and service their vehicles.
(b) Garage helper (1) - for 12 years, 1 hour per day
plus all day Saturday. (Present position, ½ hour
per day and 5 hours on Saturday).
(c) Yard caretaker (1) - for 13 years, 1 hour per day
and ½ day on Saturday. (Present position, ½ day on
Saturday).
2. The Union first made the claim in May, 1989 for 104 weeks
compensation for the loss of the rostered overtime. The claim
was rejected by the Corporation and the dispute was later
referred to the Conciliation Service. Conciliation
conferences were held on 25th October, 1990 and 4th July,
1991. No resolution was possible and the matter was referred
to the Labour Court for investigation and recommendation on
6th September, 1991. A Labour Court investigation took place
in Waterford on 27th November, 1991.
UNION ARGUMENTS:
3. 1. It is understood and accepted by the workers that the
overtime working was discontinued because of the severe
financial situation which like other local authorities
Waterford Corporation was in. In the circumstances the
workers did not demand to retain the overtime, as they hoped
that the loss would be a short term one.
2. The overtime with which the workers are concerned was not
incidental overtime but was rostered as part of their normal
working hours and wages for many years (details supplied).
While the financial circumstances of the Corporation are well
understood, the Corporation must also understand the financial
position of the workers and the loss they have incurred. In
addition to the loss of overtime, the loss of earnings has a
negative effect on the workers' eventual pension entitlements.
CORPORATION ARGUMENTS:
4. 1. The necessity for management and control of overtime
working has been a feature of the Corporation's affairs
throughout the 1980's. This has been necessary in order to
safeguard the employment of the permanent work-force, to stave
off short-time working, and enable implementation of agreed
wage revisions.
2. The nature of local authority services renders a measure
of overtime working necessary and desirable in certain areas
(details supplied). This element of the payroll has to be
contained within the financial resources and commitments of
the Corporation. The financial condition of the Corporation
is under severe strain at present (details supplied). The
Corporation has always refused to compensate for loss of
overtime.
RECOMMENDATION:
5. Having regard to the circumstances which led to the reduction
in the overtime in question and to the pattern of alternative
overtime which has emerged the Court does not recommend concession
of the Union claim.
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Signed on behalf of the Labour Court
Kevin Heffernan
____________________
16th December, 1991 Chairman.
J.F./J.C.