Labour Court Database __________________________________________________________________________________ File Number: CD92176 Case Number: LCR13641 Section / Act: S26(1) Parties: DUBLIN CORPORATION - and - THE BUILDERS AND ALLIED TRADES' UNION;THE UNION OF CONSTRUCTION AND ALLIED TRADES |
A dispute regarding the taking of time off to cash pay cheques when taking a half day on pay days (Thursday).
Recommendation:
5. In order to resolve this dispute which involves a relatively
minor matter the Court is of the view that since the custom and
practice for taking time off for the cashing of cheques in the
particular depot appears to have been long established, the
Corporation should agree to its continuance.
The Court accordingly recommends concession of the Unions' claim,
whilst noting that the parties agree that the granting or refusal
of half days annual leave is a discretionary right of the
Corporation management.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92176 RECOMMENDATION NO. LCR13641
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DUBLIN CORPORATION
and
THE BUILDERS AND ALLIED TRADES' UNION
THE UNION OF CONSTRUCTION AND ALLIED TRADES
SUBJECT:
1. A dispute regarding the taking of time off to cash pay cheques
when taking a half day on pay days (Thursday).
BACKGROUND:
2. 1. The Unions' claim is on behalf of 14 craft workers who
are employed in the Corporation's workshop in Ardee St. The
payment of wages by cheque was introduced in the Corporation
by agreement in the late 1970's. It was agreed at the time
that sufficient paid time-off would be allowed to workers for
the cashing of cheques. The time-off allowed varies
throughout the Corporation from a half hour to an hour. At
Ardee St., the workers are allowed an hour off before normal
finishing time (4 p.m. to 5 p.m.) to cash their cheques.
2. A dispute arose in October, 1990 when the Corporation
refused to allow this hour off to workers taking a 1/2 day's
leave on the afternoon of a pay day. The dispute was referred
to the conciliation service of the Labour Relations Commission
and conciliation conferences were held on 19th April and 14th
October, 1991. The first conciliation conference was
adjourned in order to allow the workers to consider an offer
of a half hour. This they rejected. After the second
conciliation conference the industrial relations officer
proposed a 40 minutes allowance. This was rejected by the
workers and the dispute was referred to the Labour Court for
investigation and recommendation on 23rd March, 1992. A
Labour Court investigation took place on 23rd April, 1992.
UNION'S ARGUMENTS:
3. 1. The workers have rejected the proposal of the industrial
relations officer for time-off of 40 minutes by secret ballot.
It was rejected on the basis that an hour was the agreed
time-off for cheque cashing and anything less would interfere
with the proper time-off for annual leave. The Union does not
dispute the right of the Corporation to grant annual leave but
insists that the amount of leave granted be met in full
without having to attend to a function of management.
2. The Corporation's position is that workers who apply for
a half day's leave on Thursday should only receive 3 hours
rather than their proper entitlement of 4 hours. To put the
dispute into perspective, the request for leave on Thursday
afternoon occurs, on average, 6 times per annum. The
agreement on the hour time-off has been in place for many
years up to October, 1990 when it was changed unilaterally by
the Corporation. The workers' absence from the workshop does
not cause problems (details supplied).
CORPORATION'S ARGUMENTS:
4. 1 The agreement with the Unions on the payment of wages by
cheque states that workers should be given sufficient time-off
to enable them to cash their cheques. No fixed time was set
and the spirit of the agreement is to allow for the actual
time-off required to cash cheques.
2. The Corporation is satisfied that the proposal of the
industrial relations officer of 40 minutes time-off on a
Thursday morning, when on leave in the afternoon, is more than
adequate. The Corporation's own investigation has established
that it takes less than 20 minutes to go from the workshop to
the Bank to complete a cash transaction at that time of the
day (details supplied). The Corporation views the dispute as
an attempt by the Union to abuse the agreement on time-off for
cashing cheques.
RECOMMENDATION:
5. In order to resolve this dispute which involves a relatively
minor matter the Court is of the view that since the custom and
practice for taking time off for the cashing of cheques in the
particular depot appears to have been long established, the
Corporation should agree to its continuance.
The Court accordingly recommends concession of the Unions' claim,
whilst noting that the parties agree that the granting or refusal
of half days annual leave is a discretionary right of the
Corporation management.
~
Signed on behalf of the Labour Court
Evelyn Owens
8th May, 1992 ------------
J.F./U.S. Deputy Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Jerome Forde, Court Secretary.