Labour Court Database __________________________________________________________________________________ File Number: CD91275 Case Number: LCR13348 Section / Act: S26(1) Parties: OFFICE OF PUBLIC WORKS (O.P.W.) - and - BUILDING AND ALLIED TRADES UNION (B.A.T.U.;UNION OF CONSTRUCTION ALLIED TRADES AND TECHNICIANS (U.C.A.T.T.;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION (S.I.P.T.U. |
Dispute concerning the implementation of a 39 hour week for (O.P.W.) craftsmen and general operatives in the Kilkenny area.
Recommendation:
5. The Court is of the view that the 39 hour week should operate
in a uniform manner for the workers in this location for reasons
of practicality and efficiency.
The Court has been given to understand that separate ballots have
been carried out by the Unions concerned. The Court recommends
that the results of the ballots be aggregated in order to
ascertain the wishes of the workers concerned in the claim and the
O.P.W. should operate the 39 hour week in accordance with the
proposal accepted by the majority of all the workers concerned.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91275 RECOMMENDATION NO. LCR13348
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: OFFICE OF PUBLIC WORKS (O.P.W.)
AND
BUILDING AND ALLIED TRADES UNION (B.A.T.U.)
UNION OF CONSTRUCTION ALLIED TRADES AND TECHNICIANS (U.C.A.T.T.)
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION (S.I.P.T.U.)
SUBJECT:
1. Dispute concerning the implementation of a 39 hour week for
(O.P.W.) craftsmen and general operatives in the Kilkenny area.
BACKGROUND:
2. The Programme for National Recovery (P.N.R.) provides that
employers and unions at local level can draw up agreements for the
introduction of a 39 hour week in cases where the normal working
week is at or above 40 hours. The O.P.W. explored various options
for the introduction of the 39 hour week. Its preference for
implementation was either a straight reduction of 1 hour on an
agreed day each week or that workers would continue to work 40
hours per week and receive accrued leave amounting to 6 extra days
per year. On 30th March, 1990 the O.P.W. had a meeting with
S.I.P.T.U. and amongst other issues implementation of the 39 hour
week was discussed. S.I.P.T.U. indicated that its preference is
for the option of extra annual leave. The Craft Unions (i.e.
B.A.T.U. and U.C.A.T.T.) subsequently raised the issue with the
O.P.W. and indicated that their preference would be for a 1 hour
reduction in the working week. A meeting of all the parties was
held on 26 September, 1990 and the O.P.W. outlined its position as
follows:
(a) Both methods of reducing the working week are on offer.
(b) O.P.W. would implement the method which was chosen by
the majority of the workers.
(c) One or the other must be chosen: O.P.W. could not
operate both systems simultaneously.
S.I.P.T.U. and the Craft Unions balloted their members separately
and the result was that S.I.P.T.U. had a majority in favour of the
annual leave option while the Craft Unions had a majority in
favour of the 1 hour reduction in the working week option. No
agreement was reached at local level discussions and the matter
was referred on 8th January, 1991 to the Conciliation Service of
the Labour Court. Conciliation conferences were held on 20th
February, 1991 and 1st May, 1991 at which variations on the
options offered by the O.P.W. were discussed. As agreement on the
dispute was not reached the Labour Relations Commission referred
it to the Labour Court under Section 26(1)(a)(b) of the Industrial
Relations Act, 1990. The Court investigated the dispute in Carlow
on 12th June, 1991.
CRAFT UNION'S ARGUMENTS:
3. 1. The O.P.W. created the dispute by consulting one section
of the workforce in respect of the method of introduction of
the 39 hour week without consideration of the requirements of
the Craft Unions.
2. The intention of the P.N.R. in relation to the
introduction of the 39 hour week is to reduce actual working
hours. The 39 hour week should be implemented by a 3.30 p.m.
finish each week on Fridays with retrospection from 4th July,
1990.
S.I.P.T.U.'S ARGUMENTS:
4. 1. S.I.P.T.U. held a ballot of its members on the
implementation of the 39 hour week and the majority voted in
favour of the extra annual leave option. The O.P.W. was
informed of the result and it was agreed that the 39 hour
week would be implemented in that manner. The Court is asked
to recommend implementation of the 39 hour week by way of an
accrued annual leave arrangement.
O.P.W.'S ARGUMENTS:
5. 1. The O.P.W. has offered two options for the
implementation of the 39 hour week. One of those options
must be chosen as both could not be operated simultaneously.
This has been accepted in other areas where the method of
implementation of the 39 hour week was decided by the
majority of the workforce.
2. The O.P.W. requests the Court to recommend in favour of
an aggregate ballot of the entire workforce on the two
options offered. The method decided on as a result of the
ballot will be implemented in accordance with the agreement
of 22nd February, 1990 on hours of work for the Public
Service (details supplied to the Court).
RECOMMENDATION:
5. The Court is of the view that the 39 hour week should operate
in a uniform manner for the workers in this location for reasons
of practicality and efficiency.
The Court has been given to understand that separate ballots have
been carried out by the Unions concerned. The Court recommends
that the results of the ballots be aggregated in order to
ascertain the wishes of the workers concerned in the claim and the
O.P.W. should operate the 39 hour week in accordance with the
proposal accepted by the majority of all the workers concerned.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
18th July, 1991
A.S. / M.O'C. Deputy Chairman