Labour Court Database __________________________________________________________________________________ File Number: CD91167 Case Number: LCR13291 Section / Act: S26(1) Parties: IARNROD EIREANN - and - NATIONAL BUS AND RAIL UNION |
Claim by the Union for the payment of double time plus one half (2.50T) for working Sunday, which is their rest day.
Recommendation:
5. Having considered the submissions made the Court is of the
opinion having regard to the level of payment made generally for
Sunday working that the rate of double time currently paid by
Irish Rail is reasonable. The Court does not therefore recommend
concession of the Union's claim.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD91167 RECOMMENDATION NO. LCR13291
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT 1990
PARTIES: IARNROD EIREANN
AND
NATIONAL BUS AND RAIL UNION
SUBJECT:
1. Claim by the Union for the payment of double time plus one
half (2.50T) for working Sunday, which is their rest day.
BACKGROUND:
2. In Iarnrod Eireann, the standard working week is either
Monday to Saturday or Monday to Friday. Sunday is a rest day for
all rail operatives employed by the Company and they have the
right to work their rest day or decline to work it when offered.
They are paid double time (2T) for Sunday working. The Union's
claim, which was first submitted to the Company in September 1990,
is for double time plus one half to rail operative staff who work
on Sundays. The Union states that double time plus one half is
paid to workers in Bus Eireann and Bus Atha Cliath who work rest
days. Management has rejected the claim. The issue was referred
to the conciliation service of the Labour Relations Commission on
the 22 November, 1990. A conciliation conference was held on the
22nd February, 1991 but no agreement was reached. The dispute was
referred to the Labour Court by the Labour Relations Commission on
the 6th March, 1991. A Court hearing was held on the 7th May,
1991.
UNION'S ARGUMENTS:
3. 1. The workers concerned are presently paid double time
(2T) for working their rest day which is Sunday. If their
rest day were to fall on any other day of the week they would
expect to be paid one and a half times (1.50T) pay for working
it. The one and a half times pay being recognition that it
is rest day working. An extra half days pay (.50T) is not
sufficient for working Sunday. The claim if conceded will
bring the Company into line with the other companies within
the Group i.e. Bus Eireann and Bus Atha Cliath.
2. If Sunday was part of the working week and the workers
concerned were working it as a normal working day they would
expect to be paid double time for working it. i.e. one day
for normal working plus one day in recognition of it being
Sunday. It must surely follow that an employee required to
work on Sunday when it is a rest day, should expect to be
paid one day plus a half day for his rest day plus one extra
day for it being Sunday.
3. The workers concerned have another claim coming to the Court
for a five day week. If it succeeds they will have every
Sunday for their rest day as well as one weekday. They will
expect 1.50T if they work their weekday rest day. It would be
wrong to think that they would then give up their Sunday for
an extra half days pay when other workers are paid one day's
pay.
COMPANY'S ARGUMENTS:
4. 1. The claim submitted by the Union which represents
approximately 280 workers will directly affect approximately
2,600 workers in Iarnrod Eireann. The existing payment of
double time for working Sundays is in accordance with the
Rail Operative Agreement. There is not now, and there has
never been any direct relationship between conditions of
employment of rail operative staff and road passenger staff.
2. The estimated additional cost of the claim in respect of
traffic rail operative workers would be #1.1 million with an
additional #0.5 million per annum if extended to other
grades. This substantial additional cost could not be
sustained by the Company.
3. The existing Sunday duty payments are in line with the
employments generally both in the semi-state and private
sectors. There is no justification for the additional
payment sought. The existing cost of Sunday operation in
Iarnrod Eireann is very high and the rates paid far exceed
those paid by private competitors.
4. The Company has major financial difficulties. These
have necessitated the undertaking of a rationalisation
programme which involves further reductions in staff
numbers. This is essential if the Company is to remain in
existing businesses.
5. The claim is precluded under the agreement reached with
the trade unions for payment of the Programme for National
Recovery wage round increases. The claim should not have
been served or pursued by the Union.
RECOMMENDATION:
5. Having considered the submissions made the Court is of the
opinion having regard to the level of payment made generally for
Sunday working that the rate of double time currently paid by
Irish Rail is reasonable. The Court does not therefore recommend
concession of the Union's claim.
~
Signed on behalf of the Labour Court
24th May, 1991 John O'Connell
T.O'D. / M.O'C. _______________
Deputy Chairman