Labour Court Database __________________________________________________________________________________ File Number: CD91427 Case Number: LCR13500 Section / Act: S26(1) Parties: ROADSTONE PROVINCES LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning annual leave for 3 readymix truck drivers.
Recommendation:
b) to accept a day's pay in lieu of that day.
To pay 4 days for each day of "call out" applies to no other
group in the Company or indeed in Galway. It is expected that
there will be full co-operation in the taking of annual
holidays having regard to the needs of the business. This is
as per clause 8(1) of the Company/Union comprehensive
agreement (details supplied). The terms and conditions of the
drivers as contained in the comprehensive agreement are well
in line with industry and ahead of our competitors. The
arrangement in dispute is completely outside the comprehensive
agreement and is excessive in every respect.
RECOMMENDATION:
The Court, having considered the submissions of the parties, the
oral evidence presented at the hearing and the subsequent
correspondence, does not consider that it has been established
that the arrangements at issue in this case applied to anyone
other than the three Readymix truck drivers.
Having regard to the changing needs of the business and also to
the established arrangements enjoyed by the drivers, the Court
recommends that as from 1st January, 1992, the drivers will
accept the holiday arrangements as provided for in the terms and
provisions of the Comprehensive Agreement and that the Company
will make a once-off payment of £750 to each of the drivers to
finalise the matter
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD91427 RECOMMENDATION NO. LCR13500
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26 INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ROADSTONE PROVINCES LIMITED
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning annual leave for 3 readymix truck drivers.
BACKGROUND:
2. 1. The Company manufactures concrete and this is delivered by
3 readymix truck drivers and outside contractors (owner drivers).
Historically the 3 drivers took their annual holidays to
correspond with the builders' holidays in August. Particularly
since 1987 there has been an increase in demand for concrete
deliveries during the annual holiday period in August.
2. The Company requested the drivers to roster their annual leave
arrangements to service the demand. This was refused in favour of
the already existing payment in respect of each day of "call out",
which is as follows:-
(a) 1 day's pay
(b) 2 days off in lieu
(c) 1 day's pay for annual leave.
The drivers would not allow contractors to service the demand
during the holiday period.
3. The dispute was referred to the Labour Relations Commission
and conciliation conferences were held on 4th June and 5th July,
1991. No progress was made at conciliation and it was referred to
the Labour Court on 15th August, 1991. A Labour Court
investigation was held in Galway on 15th October, 1991.
UNION ARGUMENTS:
3. 1. The Company is attempting to discontinue a long standing
practice whereby the truck drivers who come into work during
annual leave had a specific arrangement by agreement to
compensate for disruption (details supplied). This agreement
has been in place for over 15 years. The change is opposed by
the drivers as it is a long standing and workable arrangement
to compensate the workers and ensure that business which
becomes available during holiday periods is not lost to
competitors.
2. If the Company insists that the long standing
arrangement should come to an end, the drivers believe that
they should be compensated if they are required to work during
the annual holiday period. The 3 drivers have made a claim on
the Company for £1,000 each to buy out the agreement. The
ending of the agreement will lead to a loss of either income
or holiday entitlement to the drivers and this should be
recognised by the Company. The drivers are claiming twice the
estimated annual loss.
COMPANY'S ARGUMENTS:
4. 1. There is no written agreement on the "call out" payments
as stated by the Union. The payment was made to 2 drivers in
error in 1985. During the 1980's there have been and
continue to be dramatic changes in the nature, structure and
requirements of the building and construction industry. A
number of customers now work through the traditional builders'
holidays and must be serviced by the Company. The difficulty
is that the 3 drivers will not roster their holidays to
service this need nor will they allow outside contractors to
service it in their absence.
2. The normal arrangement throughout the Company in the
case of workers being called back during annual leave is:
a) to take the day at another time
or
b) to accept a day's pay in lieu of that day.
To pay 4 days for each day of "call out" applies to no other
group in the Company or indeed in Galway. It is expected that
there will be full co-operation in the taking of annual
holidays having regard to the needs of the business. This is
as per clause 8(1) of the Company/Union comprehensive
agreement (details supplied). The terms and conditions of the
drivers as contained in the comprehensive agreement are well
in line with industry and ahead of our competitors. The
arrangement in dispute is completely outside the comprehensive
agreement and is excessive in every respect.
RECOMMENDATION:
The Court, having considered the submissions of the parties, the
oral evidence presented at the hearing and the subsequent
correspondence, does not consider that it has been established
that the arrangements at issue in this case applied to anyone
other than the three Readymix truck drivers.
Having regard to the changing needs of the business and also to
the established arrangements enjoyed by the drivers, the Court
recommends that as from 1st January, 1992, the drivers will
accept the holiday arrangements as provided for in the terms and
provisions of the Comprehensive Agreement and that the Company
will make a once-off payment of £750 to each of the drivers to
finalise the matter
~
Signed on behalf of the Labour Court
16th December, 1991 Kevin Heffernan
J.F./U.S. ---------------
Chairman