Labour Court Database __________________________________________________________________________________ File Number: CD91605 Case Number: LCR13509 Section / Act: S26(1) Parties: PROFESSIONAL CONTRACT CLEANERS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for the introduction of a shift premium for 3 workers who are engaged in shift working with an after midnight finish.
Recommendation:
Taking into account the terms of the J.L.C. applicable in the
industry the Court is of the view that the claim for additional
premium for the claimants should more correctly be dealt with at
J.L.C. level.
Division: Ms Owens Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91605 RECOMMENDATION NO. LCR13509
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: PROFESSIONAL CONTRACT CLEANERS
(Represented by the Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for the introduction of a shift premium
for 3 workers who are engaged in shift working with an after
midnight finish.
BACKGROUND:
2. The Company is in the contract cleaning business and
employs approximately 700 workers. Statutory minimum
remuneration, annual holidays, and conditions of employment in
the contract cleaning industry are dealt with at Joint Labour
Committee(J.L.C.) level and are the subject of an Employment
Regulation Order (E.R.O.). The Company secured the cleaning
contract at the Irish Press printing works from January, 1991
and employs 3 full-time cleaners there. They work a 39 hour
week from 5.00p.m. to 1.30a.m. Monday to Thursday, and from
5.00p.m. to 12.30a.m. on Friday. They are paid the minimum
J.L.C. rates. In early 1991 the Union made a claim for
improvements in terms and conditions of employment including a
claim for a 20% shift premium on the J.L.C. rate as compensation
for the requirement of the 3 workers concerned to work after
midnight. The Company rejects the claim for a 20% shift
premium. The matter was referred to the Labour Relations
Commission on 13th June, 1991. Conciliation conferences were
held on 12th July, 1991 and 6th August, 1991 at which no
agreement was reached on the Union's claim for a shift premium.
This claim was referred to the Labour Court on 14th November,
1991 in accordance with Section 26(1) of the Industrial
Relations Act, 1990. The Court investigated the dispute on 5th
December, 1991.
UNION'S ARGUMENTS:
3. 1. The Union's claim is for a 20% shift premium, for
after midnight working, applicable from the commencement of
the contract concerned. The Union's position is that a 20%
premium should apply in all employments working past
midnight, and that such a condition would also attach to
any competitor of the Company. Concession of the Union's
claim would therefore not undermine the competitive
position of the Company in any future tendering
competition.
2. The working hours of the 3 workers concerned are
unsocial and unusual in the contract cleaning industry.
The hours worked are not designed for the convenience of
the workers concerned. The Union understands that the
hours being worked are specified to meet the requirements
of the Irish Press.
3. The workers concerned are full-time and are engaged in
the cleaning of heavy duty printing machinery. The Company
is applying the J.L.C. rates although the workers are
employed after midnight on work which could not be
described as the standard practice in the contract cleaning
industry.
4. Normally contract cleaners would finish work before
8.00p.m. each evening. The Union is only aware of 2 other
employments where workers are expected to work past
midnight and a 20% premium is paid in both cases. As after
midnight working is not a feature of the industry it is
not necessary to have the claim on behalf of the 3 workers
dealt with at J.L.C. level.
5. The Union does not accept the Company's claim that the
introduction of a shift premium is contrary to the terms of
the programme for National Recovery (P.N.R.) and the
Programme for Economic and Social Progress(P.E.S.P.).
COMPANY'S ARGUMENTS:
4. 1. The rates of pay and conditions of employment for the
contract cleaning industry are determined at J.L.C. level.
The J.L.C. rate takes account of the range of hours worked
by employees in the industry. There is no provision for
shift premium payments. If the Union wishes to introduce
shift premium payments the proper forum for dealing with
such a claim is the J.L.C.
2. The Union's claim has repercussive effects and cannot
be considered in isolation. Concession of the claim will
lead to further claims for the introduction of a shift
premium / unsocial hours payment in the industry.
3. It is common for cleaners to commence work in the
evenings and work up to midnight. A shift premium is not
paid in such circumstances. It is unreasonable to expect
the Company to pay a 20% shift premium for workers who work
1½ hours after midnight.
4. The workers concerned are not in a position to
commence employment earlier than the current starting time
of 5.00p.m. When they commenced employment with the
Company they were fully aware of the terms and conditions
attaching to the offer of employment.
5. The Company won the contract concerned on the basis of
competitive tendering. There is no provision for an upward
adjustment of the contract price. The Company is not in a
position to absorb increased labour costs which would make
it uncompetitive. The Union's claim is contrary to the
terms of the P.N.R. (which expires in May, 1992) and the
terms of the P.E.S.P.
RECOMMENDATION:
Taking into account the terms of the J.L.C. applicable in the
industry the Court is of the view that the claim for additional
premium for the claimants should more correctly be dealt with at
J.L.C. level.
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Signed on behalf of the Labour Court
Evelyn Owens
17th December,1991
A.S./N.M. ________________________
Deputy Chairman