Labour Court Database __________________________________________________________________________________ File Number: CD91430 Case Number: LCR13422 Section / Act: S26(1) Parties: WEXFORD COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim, by the Union, for the payment of retrospection in respect of driving allowance to seven (7) employees.
Recommendation:
7. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claim.
Division: Mr O'Connell Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91430 RECOMMENDATION NO. LCR13422
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26 INDUSTRIAL RELATIONS ACT, 1990
PARTIES: WEXFORD COUNTY COUNCIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim, by the Union, for the payment of retrospection in
respect of driving allowance to seven (7) employees.
BACKGROUND:
2. The Council employs twenty six machinery operatives/lorry
drivers. In 1981 a rationalisation agreement came into effect.
The type of plant operated/driven by the employee, determined the
rate of pay. Drivers operating light machinery were paid at Scale
A while those operating heavy machinery were paid at Scale B.
Prior to this operatives were paid an allowance for driving
duties.
3. Following the rationalisation eight operatives/drivers were
paid Scale (B) (higher rates). In 1988 the Council replaced two
heavy trucks with light vehicles. The Council decided that the
drivers of the replacements should retain their higher rate of
pay. The Union subsequently lodged a claim for the retention of
the higher rate by seven drivers who drove heavy machinery for
part of the year. The Council conceded the claim. The workers
were paid the higher rate from 1990.
4. The Union lodged a claim for payment of arrears to 1981 or
alternatively a lump sum payment. The Council rejected the claim.
The dispute was referred to the Labour Relations Commission on 4th
December, 1990. A conciliation conference was held on 26th March,
1991. As no agreement was reached the Commission referred the
issue to the Labour Court for investigation and recommendation
under Section 26(1)(a)(b) of the Industrial Relations Act, 1990.
The parties consented to the referral. A Court hearing was held
in Wexford on 10th September, 1991.
UNION'S ARGUMENTS:
5. 1. There have been no changes in the workers' duties since
1981 and as they will now be in receipt of the higher rate all
year round they should be paid retrospection.
2. As the Council have conceded the claim for payment of
the higher rate all year round demonstrates the merit of the
claim for retrospection.
COUNCIL'S ARGUMENTS:
6. 1. There is no justification for retrospective payments.
Prior to the concession of the claim the driver's were paid in
accordance with long standing custom and practice which was
acceptable to both parties and was supported by the
rationalisation agreement.
2. Concession of the claim would impose an unnecessary
expense at a time of financial constraints and cutbacks.
RECOMMENDATION:
7. Having considered the submissions made by the parties the
Court does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
30th September, 1991 ---------------
M.D. / U.S. Deputy Chairman