Labour Court Database __________________________________________________________________________________ File Number: CD91189 Case Number: LCR13290 Section / Act: S67 Parties: DUBLIN CORPORATION - and - IRISH MUNICIPAL EMPLOYER'S TRADE UNION/;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning a claim by the Union on behalf of eight(8) workers for compensation for loss of overtime.
Recommendation:
5. The oral and written submissions of the parties have been
considered by the Court. In the light of all the circumstances
the Court recommends that the workers concerned be compensated by
payment of 15% of the loss of earnings during the period of
redeployment.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD91189 RECOMMENDATION NO. LCR13290
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT 1946
PARTIES: DUBLIN CORPORATION
AND
IRISH MUNICIPAL EMPLOYER'S TRADE UNION/
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning a claim by the Union on behalf of eight(8)
workers for compensation for loss of overtime.
BACKGROUND:
2. 1. The Workers are employed as gallery attendants and
cleaners at the Hugh Lane Municipal Gallery of Modern Art. As
part of their employment there is an agreement on opening
hours, that the workers do overtime on Sundays. The overtime
consists of 6 hours at double time, each Sunday in respect of
the Head Attendant and Attendants and on alternate Sundays in
respect of the cleaners.
2. The Gallery closed for refurbishment for the period 18th
March, 1990 to 15th March, 1991. Agreement was reached
between the Corporation and the Unions regarding the
redeployment of staff to the libraries section but
compensation for lost overtime earnings remained an
outstanding issue. This issue was referred to the
conciliation service on 20th July, 1990 and conciliation
conferences were held on 26th November and 14th December,
1990.
3. The Unions lodged a claim for one year's compensation
but no offer was made at local level on the basis that the
loss involved was of a temporary nature. At conciliation a
proposal was put forward which was recommended for acceptance
by both sides as follows:-
Less than one year - Nil
1 to 2 years - 5% of loss
2 to 4 years - 7.50% of loss
Over 4 years - 10% of loss
4. The proposal was rejected by the workers, as was a
subsequent offer by the Corporation linking the overtime
issue with a claim for the operation of new equipment
(details supplied to the Court). The Union sought a full
Court Hearing to which the Corporation agreed. The Labour
Court investigation took place on 6th May, 1991.
UNION'S ARGUMENTS:
3. 1. The 1979 agreement on opening hours with the Corporation
provides for rostered overtime on Sundays for the 52 weeks of
the year. Some of the workers would have applied for work in
the Gallery on the basis that this overtime was available.
As a result of circumstances outside of their control, these
workers are at the loss of a year's overtime earnings. The
overtime formed a sizable and significant part of their wages
and its loss resulted in a reduction of living standards for
those concerned.
2. The workers rejected the Industrial Relations Officer's
proposal because the compensation was inadequate Each worker
lost 12 months overtime and therefore previous service should
not be a factor in calculating overtime.
3. The workers involved were recruited specifically for
Gallery work and are graded accordingly. They redeployed, on
request, to other work and are now seeking compensation for
the loss of the agreed overtime. The workers have
co-operated in every regard and changed their attendance
patterns to suit the Corporation.
CORPORATION'S ARGUMENTS:
4. 1. The Labour Court in numerous recommendations in relation
to claims for compensation for loss of overtime has held
that:-
1. When overtime ceased as a result of financial
constraints, compensation was not appropriate.
2. When overtime ceased permanently as a result of
administrative changes compensation should be paid
(details supplied to the Court). In this case the
overtime did not cease permanently and since 15th March,
1991 all the workers have been paid overtime on the same
basis which applied previously.
2. In these circumstances the Corporation is satisfied
that no sustainable case exists for payment of compensation.
The Corporation is prepared to accept the proposals put
forward by the Industrial Relations Officer. There are no
grounds for increasing this offer.
3. Six (6) of the workers worked Monday to Friday during
the refurbishment. Their normal attendance includes
Saturdays as part of their five (5) day week.
RECOMMENDATION:
5. The oral and written submissions of the parties have been
considered by the Court. In the light of all the circumstances
the Court recommends that the workers concerned be compensated by
payment of 15% of the loss of earnings during the period of
redeployment.
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Signed on behalf of the Labour Court
27th May, 1991 Tom McGrath
J.F. / M.O'C. _______________
Deputy Chairman