Labour Court Database __________________________________________________________________________________ File Number: CD9161 Case Number: LCR13216 Section / Act: S67 Parties: AN GRIANAN HORTICULTURAL COLLEGE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of five Technicians concerning the driving of produce to market.
Recommendation:
5. While each party put forward arguments of "principle" for its
position, the Court is satisfied that neither side would wish to
detract from the effectiveness or viability of the College. The
proposal put forward by the Industrial Relations Officer at
Conciliation does not fracture the principled position of either
party but provides for a workable arrangement requiring good-will
from both sides. Accordingly the Court recommends acceptance of
the proposal which reads:-
1. In the event of the full-time driver being absent from
work on holidays, sick leave etc the College will
endeavour to employ a relief driver.
2. In unforeseen emergency situations or where the
services of a relief driver cannot be obtained, the
technicians will facilitate the College in the delivery
of produce to market at appropriate market times.
Division: CHAIRMAN Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD9161 RECOMMENDATION NO. LCR13216
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: AN GRIANAN HORTICULTURAL COLLEGE
(Represented by the Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of five Technicians concerning
the driving of produce to market.
BACKGROUND:
2. The Technicians' normal working hours are 8.45 a.m. to 4.30
p.m. From 1969 up to 1988, the Technicians had been involved in
the early morning delivery of College produce to market, using the
College's van. This was done on an overtime basis and required a
5.30 a.m. start. In 1988, a van driver was employed. His duties
included the delivery of produce to market. The Union maintains
that as a direct consequence of this there was an immediate
cessation of a major source of the Technicians' overtime.
However, the Union says no claim for loss of overtime was lodged
because as per a 1977 Job Description market runs are not a
Technician's duty. The College still expected the Technicians to
do market deliveries when the van driver was sick or unavailable.
During the summer of 1990, the Technicians refused to undertake
the early morning deliveries to market. They continued to
transport and deliver produce during normal working hours. Local
negotiations failed to resolve the matter and on 30th August,
1990, the matter was referred to the conciliation service of the
Labour Court. At a conciliation conference held on 31st October,
1990, the Industrial Relations Officer (I.R.O.) put forward the
following proposals:-
(1) In the event of the full-time driver being absent from
work on holiday, sick leave, etc. the College will
endeavour to employ a relief driver.
(2) In unforeseen emergency situations or where the
services of a relief driver cannot be obtained, the
technicians will facilitate the College in the delivery
of produce to market at appropriate market times.
These proposals were unacceptable to the Union and on 19th
December, 1990, the matter was referred to the Labour Court for
investigation and recommendation. The Court investigated the
matter on 18th February, 1991.
UNION'S ARGUMENTS:
3. 1. The Technicians provided the College with the facility
of market runs on a voluntary basis. It was not a part of
their duties. For this work they received overtime payments.
2. When the College employed a van driver, the Technicians
did not seek compensation for loss of earnings, as market runs
are not, nor were they a part of the duties of Technicians.
In 1977, a Job Description for Technicians was produced and
this did not include van driving as a duty. Van driving is
not a duty of Technicians in other agricultural colleges.
3. Market runs can take over 4 hours per day. This
interferes with the Technician's duties. With an increase in
the area under cultivation and an increase in the volume of
crops, there is even greater disturbance to their duties,
which is unacceptable. The Union requests the Court to
recommend that such work is not appropriate to the
Technicians.
COLLEGE'S ARGUMENTS:
4. 1. The delivery to market of produce grown at the College,
by the Technicians is a practice that goes back to the
establishment of the College. The marketing of the produce is
part of their job and is incorporated in their job
descriptions.
2. The early morning market run involves approximately 3
hours overtime which is paid at time and a half or time off in
lieu at time and a half. The number of runs required of
Technicians is quite small, since the driver employed in 1988
does most of the runs.
3. The proposal that a relief driver be used is not
acceptable because of the additional cost involved, the
difficulty of finding somebody who is available for such
sporadic hours of employment and the requirement that the
produce be delivered fresh on the morning of the day it is
sold by someone who has first hand knowledge of the product
and the market.
RECOMMENDATION:
5. While each party put forward arguments of "principle" for its
position, the Court is satisfied that neither side would wish to
detract from the effectiveness or viability of the College. The
proposal put forward by the Industrial Relations Officer at
Conciliation does not fracture the principled position of either
party but provides for a workable arrangement requiring good-will
from both sides. Accordingly the Court recommends acceptance of
the proposal which reads:-
1. In the event of the full-time driver being absent from
work on holidays, sick leave etc the College will
endeavour to employ a relief driver.
2. In unforeseen emergency situations or where the
services of a relief driver cannot be obtained, the
technicians will facilitate the College in the delivery
of produce to market at appropriate market times.
~
Signed on behalf of the Labour Court
Tom McGrath
11th March, 1991 --------------
B O'N/U.S. p.p.Kevin Heffernan
Chairman