Labour Court Database __________________________________________________________________________________ File Number: CD9249 Case Number: LCR13706 Section / Act: S26(1) Parties: ABBOTT IRELAND LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of two fork truck drivers for compensation for loss of potential overtime earnings.
Recommendation:
5. Having considered the submissions from the parties the Court
finds no basis for recommending concession of the Union's claim
for compensation for loss of potential overtime.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9249 RECOMMENDATION NO. LCR 13706
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: ABBOTT IRELAND LIMITED
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of two fork truck drivers for
compensation for loss of potential overtime earnings.
BACKGROUND:
2. The two fork truck drivers concerned are assigned to the
warehouse area and work from 9.00 a.m. to 5.00 p.m. five days
per week. The Company also employs process operators who work
on a twelve hour shift cycle, covering seven days a week, twenty
four hours each day. Prior to 1984 the two workers concerned
carried out their duties across the entire plant. In 1984 the
parties negotiated a High Solids Agreement which provides for
the training of process operators to drive fork trucks. Under
the agreement all the process operators had their rates of pay
increased to the fork truck driver rate. The Union claims that
due to this change the two fork truck drivers concerned had
their overtime confined to the warehouse area and lost potential
overtime in other departments. The fork truck work in the other
departments should be restored or appropriate compensation
paid to the two workers. The Company rejects the claim. No
agreement could be reached at local level discussions and the
matter was referred to the Labour Relations Commission on 23rd
May, 1991. A consiliation conference was held on 31st October,
1991 at which no agreement was reached and the dispute was
referred to the Labour Court on 17th January, 1992 in accordance
with Section 26(1) of the Industrial Relations Act, 1990. The
Court investigated the dispute in Cavan on 24th June, 1992.
UNION'S ARGUMENTS:
3. 1. The two workers concerned were employed by the Company
originally as plant fork truck drivers and prior to 1984
carried out their duties across the entire plant. In 1984
the Company introduced new work practices which changed the
job specification of the two workers. The original job
specification should be restored or appropriate
compensation paid.
2. Due to the changes made in 1984 the two drivers
concerned have had opportunities for overtime limited to
the warehouse area. They have lost potential overtime
earnings in other departments which would have been
available under the original job specification. Their loss
is approximately £1,000 per annum.
COMPANY'S ARGUMENTS:
4. 1. Since the Company started operations a number of
different operative grades have been involved in fork-truck
driving. In the 1984 Agreement it was made abundantly
clear that process operators have duties in relation to
fork-truck driving.
2. The Union claims that the two workers concerned have
suffered a loss in earnings since 1984. An examination of
overtime payments to the two workers from 1984 to 1992
shows that this is not the case (details supplied to the
Court). It should also be noted that both workers have
refused to work overtime on occasions in the past few
years.
3. The Company/Union Agreement states that it is
managements' function to decide when overtime working is
required. If any compensation were recommended it would
have repercussive effects. There is no basis to the claim
for loss of overtime earnings or potential overtime
earnings.
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
finds no basis for recommending concession of the Union's claim
for compensation for loss of potential overtime.
~
Signed on behalf of the Labour Court
9th July,1992
__________________ Evelyn Owens
A.S./M.H. _______________________
Deputy Chairman.