Labour Court Database __________________________________________________________________________________ File Number: CD9270 Case Number: LCR13600 Section / Act: S26(1) Parties: TEAM AER LINGUS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for payment of Rostered Duty Allowance (RDA) to clerical worker.
Recommendation:
The Court having considered the submissions of the parties
believes that this dispute would have been resolved by the
proposed introduction of a shift arrangement.
Accordingly for these employees who would have been covered by
such a shift arrangement from April, 1990 to December, 1990 the
appropriate premium for that period should be paid in full and
final settlement of this dispute.
The Court so recommends.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD9270 RECOMMENDATION NO. LCR13600
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: TEAM AER LINGUS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for payment of Rostered Duty Allowance
(RDA) to clerical worker.
BACKGROUND:
2. When the claim for payment of an RDA to clerical workers
first arose the workers concerned were employed in the Shop
Scheduling Section of the Company. The section was later
disbanded in March, 1991. The workers have since been relocated
in other areas within the Company. Though the normal starting
time for clerical workers is 9.15a.m., the Union contends that
from 1985 onwards they were expected to work from 8.00a.m. in
order to meet the operational requirements of the shops which
they supported. In December, 1989 a claim for an early rostered
duty allowance was made by the workers. The claim was not
conceded by the Company. The Company stated that even though
9.15a.m. was the normal starting time for clerical workers, an
array of starting times ranging from 7.30a.m. - 9.15a.m. always
existed to accommodate the individual personal requirements of
the workers concerned.
In February, 1990, following a meeting between the Company and
the workers it was agreed that the introduction of a shift
roster would be negotiated. The shift roster was agreed in
March, 1990 and was due to come into operation at the beginning
of April, 1990. By June, 1990 the shift roster had not been
implemented. The Company informed the workers that an
inspection was being carried out by the Industrial Engineering
Section in order to identify the operational requirement of the
Shop Scheduling Section. In November, 1990, as a result of this
examination the workers concerned were informed that there was
no justification for introducing a shift arrangement and that
the normal starting time was 9.15a.m., which could be brought
forward to suit the personal requirements of individual staff
members. In December, 1990 all clerical staff resumed work at
the starting time of 9.15a.m. The workers then lodged a claim
for compensation arising from the loss of shift pay. The
Company rejected the claim.
The dispute was referred to the Conciliation Service of the
Labour Relations Commission on 14th May, 1991. A conciliation
conference was held on 2nd December, 1991 at which agreement was
not reached. The issue was referred to the Labour Court on 28th
January, 1991 under Section 26(1) of the Industrial Relations
Act, 1990. The Court investigation the dispute on 17th
February, 1992.
UNION'S ARGUMENTS:
3. 1. In order to facilitate the tradesmen clerical workers
were required to commence work at 8.00a.m. The
commencement time of 8.00a.m. is 1¼ hours earlier than the
normal starting time of 9.15a.m.
2. Rostered Duty Allowances are paid to other categories
of workers who do not operate full shift working but who
are employed on single cycle shifts.
3. The Union/Company Agreement (copy supplied to the
Court) states that clerical staff who commence work at or
prior to 8.30a.m. are entitled to the payment of an RDA.
Similarly any worker commencing work prior to his/her
rostered starting time is entitled to overtime.
COMPANY'S ARGUMENTS:
4. 1. The normal starting time for clerical workers is
9.15a.m. Various starting times have traditionally
existed, so as to cater for individual worker's personal
requirements. As the shops which the Shop Scheduling
Service supported commence work at 8.00a.m., it was
convenient to have clerical workers starting at the same
time but a starting time of 8.00a.m. was not a requirement.
2. A Rostered Duty Allowance can only apply to workers on
full shift working. The shift payment to clerical workers
referred to in the Union/Company Agreement only applies to
clerical staff working in a rotating shift cycle.
3. Should the Union's claim succeed the knock-on effect
to the Company would be enormous as other staff who
commence work prior to 8.30a.m., would see validity in
making a similar claim.
RECOMMENDATION:
The Court having considered the submissions of the parties
believes that this dispute would have been resolved by the
proposed introduction of a shift arrangement.
Accordingly for these employees who would have been covered by
such a shift arrangement from April, 1990 to December, 1990 the
appropriate premium for that period should be paid in full and
final settlement of this dispute.
The Court so recommends.
~
Signed on behalf of the Labour Court
Evelyn Owens
______________________
20th March, 1992
A.Ni.S./N.Ni.M. Deputy Chairman