Labour Court Database __________________________________________________________________________________ File Number: CD91169 Case Number: LCR13271 Section / Act: S26(1) Parties: SEALINK STENA LINE - and - TRANSPORT SALARIED STAFF' ASSOCIATION;/SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for improved overtime rates (Monday - Friday) and improved public holiday payments in respect of management/clerical supervisory staff.
Recommendation:
5. The Court having considered the submissions of the parties
believes that the Unions' claims have merit but they cannot be
considered in isolation to other conditions applying in the
Company.
The Court recommends the parties immediately begin negotiating on
the Company's restructuring proposals and that the outcome of
these negotiations embodies the overtime and public holidays
conditions claimed by the Union.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91169 RECOMMENDATION NO. LCR13271
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26, INDUSTRIAL RELATIONS ACT 1990
PARTIES: SEALINK STENA LINE
AND
TRANSPORT SALARIED STAFF' ASSOCIATION
/SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for improved overtime rates (Monday - Friday) and
improved public holiday payments in respect of management/clerical
supervisory staff.
BACKGROUND:
2. 1. The Unions on behalf of the workers concerned served the
following claim for improved overtime rates and public
holiday payments:- Monday-Friday - time plus .50 for all hours
worked. Public Holidays - double time to be paid on time
worked plus a day in lieu or a day's pay for all Public
Holidays. At present the Company pays Monday - Friday
overtime on the basis of time plus 1/3 for the first 2 hours
and time plus .50 for all other hours worked. The Company pays
2T plus a days pay (or a day in lieu) for Christmas Day and
Good Friday and time plus .50 plus a days pay (or a day in
lieu) for all other public holidays. The Unions' claim that
this issue was first raised with the Company in 1986 (details
supplied). The Company dispute this saying it only became a
live issue in June 1990 and is precluded under the terms of
the P.N.R. and the P.E.S.P. The claim was rejected by the
Company and in accordance with established procedures was
referred to the Conciliation Service on the 18th September,
1990.
A conciliation conference was held at the Labour Relations
Commission on 12th March, 1991 (earliest date suitable to the
parties). As no resolution was possible, the dispute was
referred with the agreement of both parties to the Labour
Court for investigation and recommendation. A Labour Court
investigation took place on 8th April, 1991.
UNIONS' ARGUMENTS:
3. 1. Initial representations to the Company about this claim
were made on 1st May, 1986. The matter was discussed a
number of times since and was withdrawn at the request of
the Company in 1989/90 when discussions were held on a total
clerical/management staff "package". The Company at that
stage indicated a willingness to refer the issue to a third
party with a view to securing a final separate settlement.
2. All overtime worked by the Company's clerical staff
should be paidat time plus .50 in common with other good
employments. In addition all work on public holidays should
be paid at the same rate as for Christmas day and Good
Friday. There is no reason for dirrering payments. The
Company argue that this claim is at variance with the terms
of the PNR/PESP. The Unions contend that this claim predates
both agreements and should be considered on its merits.
COMPANY'S ARGUMENTS:
4. 1. The claim was first formally lodged with the Company in
June 1990 and after a number of meetings it was rejected by
the Company and in accordance with established procedure was
referred to a third party. Although the claim relates to
Monday - Friday overtime, it is misleading not to look at the
advantageous arrangements for weekend working where on Sunday
there is a minimum of 8 hours paid for 3 hours worked. On
Saturday, time plus 3/4 is paid for all hours worked. In
1990 all overtime worked added 40% to the Company's total
payroll costs and any change must happen in the light of a
comprehensive review of all working arrangements which give
rise to this very considerable outpayment. In relation to
public holiday payments it should be pointed out that in
addition to the holidays granted by law, 4 additional days
are given by the Company (details supplied to the Court).
2. In 1990 the Company was purchased by the Stena Line and
following on a comprehensive review, the Company was given a
target of a 30% reduction in costs which would go hand in
hand with a major investment programme. It is only within
the restructuring programme (details supplied to the Court)
which addresses the totality of payments that claims such as
this can be considered. The high cost of running the Company
has been of concern for some time. Contributing to the high
costs are over manning, the better than average basic pay
rates for clerical staff and inefficient rostering which
results in significant overtime payments. Any concession of
this claim in isolation will have repercussive effects within
the organisation.
RECOMMENDATION:
5. The Court having considered the submissions of the parties
believes that the Unions' claims have merit but they cannot be
considered in isolation to other conditions applying in the
Company.
The Court recommends the parties immediately begin negotiating on
the Company's restructuring proposals and that the outcome of
these negotiations embodies the overtime and public holidays
conditions claimed by the Union.
~
Signed on behalf of the Labour Court
13th May, 1991 Evelyn Owens
J.F. / M.O'C. _______________
Deputy Chairman