Labour Court Database __________________________________________________________________________________ File Number: CD92261 Case Number: LCR13699 Section / Act: S26(1) Parties: IRISH RAIL - and - SERVICES INDUSTRIAL AND PROFESSIONAL TECHNICAL UNION |
Claim on behalf of redeployed engineering operatives class 1 (Vicemen/Train Examiners) that compensation for loss of overtime and shift payment be treated separately
Recommendation:
The Court has considered the submissions made by the parties.
It takes the view that there are no circumstances in this case
which would warrant any amendment to the method of payment for
loss of shift and overtime. The Court does not therefore
recommend concession of the Unions claim.
Division: Mr O'Connell Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92261 RECOMMENDATION NO. LCR13699
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1) OF INDUSTRIAL RELATIONS ACT ,1990
PARTIES: IRISH RAIL
and
SERVICES INDUSTRIAL AND PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim on behalf of redeployed engineering operatives class
1 (Vicemen/Train Examiners) that compensation for loss of
overtime and shift payment be treated separately
BACKGROUND:
2. Following the introduction of new carriage stock in 1984,
the Company entered into discussions with the C.I.E. Group of
Unions on the elimination of the grade of semi-skilled
vicemen/train examiners and the allocation of their duties to
time served fitters.
3. Agreement was reached on the elimination of the
vicemen/train examiner grade and the provision of alternative
duties for the workers. The parties failed to reach agreement
on the method of compensation for those workers who lost shift
and overtime earnings. The Company proposed to apply the
existing formula whereby compensation for loss of shift and
overtime earnings is paid to a maximum figure of #4,400 (details
supplied to the Court) The Union is claiming that the losses
should be dealt with as separate items and treated accordingly.
4. The matter was referred to the Labour Relations Commission
on 26th November, 1990. Conciliation conferences were held on
the 11th January, 1991 and 8th April, 1992. As no agreement was
reached the Commission , with the consent of the parties,
referred the dispute to the Labour Court for investigation and
recommendation under Section 26(1)(a)(b) of the Industrial
Relations Act, 1990. A Court hearing was held on 10th June,
1991.
UNION'S ARGUMENTS:
5. 1. Some of the workers involved will suffer losses in
excess of the maximum of #4,400 compensation offered in
respect of shift earnings alone.
2. The Company (C.I.E.) has paid two separate
calculations in the past (details supplied to the Court).
3. In view of the loss of earnings in respect of both
shift and overtime the Court is asked to recommend that
they be treated as two separate issues in view of the
unique circumstances, i.e. eleminating the grade concerned.
COMPANY'S ARGUMENTS:
6. 1. The present formula for paying compensation to rail
operative staff was introduced, following agreement, in
1979. It has been applied since that time and the maximum
ceiling has been increased periodically, following
negotiations, to its present level of #4,400.
2. The Labour Court has endorsed the formula on numerous
occasions in the past (details supplied to the Court).
3. Concession of the claim would lead to repercussive
claims which could not be sustained under the Company's
present financial situation.
RECOMMENDATION:
The Court has considered the submissions made by the parties.
It takes the view that there are no circumstances in this case
which would warrant any amendment to the method of payment for
loss of shift and overtime. The Court does not therefore
recommend concession of the Unions claim.
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Signed on behalf of the Labour Court
John O'Connell
-----------------------------------
2nd July 1992 Deputy Chairman
M.D./M.H.