Labour Court Database __________________________________________________________________________________ File Number: CD92539 Case Number: DEC922 Section / Act: S57(1) Parties: PROFESSIONAL CONTRACT CLEANERS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Application by the Company on the question of whether the Contract Cleaning Joint Labour Committee (J.L.C.)) Employment Regulation Order (E.R.O.) applies to particular workers.
Recommendation:
5. Having considered the submissions of the partes, the Court has
decided that the contract-cleaning J.L.C. operates in respect of
the employees of Professional Contract Cleaners employed at the
Irish Press and Guinness sites and who are the subject of this
case.
The Court also decides that these employees are covered by the
Employment Regulation Orders isued in respect of Contract Cleaning
workers in the City and County of Dublin.
The Court considers that the Contract Cleaning J.L.C. is the
appropriate forum in which to raise questions of the grading of
work and premium payments.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92539 DECISION NO DEC292
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
INDUSTRIAL RELATIONS ACT, 1946
SECTION 57(1)
PARTIES: PROFESSIONAL CONTRACT CLEANERS
(Represented by the Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Application by the Company on the question of whether the
Contract Cleaning Joint Labour Committee (J.L.C.)) Employment
Regulation Order (E.R.O.) applies to particular workers.
BACKGROUND:
2. The dispute concerns workers who are employed by the Company
on contract-cleaning duties at the Irish Press and Guinness sites.
The Union claims that these workers should be paid rates in excess
of those provided for in the Employment Regulation Order for the
Contract Cleaning (City and County of Dublin) Industry.
Management rejected the claim. The issue was the subject of a
conciliation conference under the auspices of the Labour Relations
Commission on the 27th July, 1992 but no agreement was reached.
On the 21st August, 1992, the F.I.E., on behalf of the Company,
referred the dispute to the Labour Court under Section 57(1) of
the Industrial Relations Act, 1946. A Court hearing was held on
the 5th November, 1992.
UNION'S ARGUMENTS:
1. Irish Press Site:
3. 1. The 3 workers concerned at this site are rostered for
duty from 5.00 p.m. to 1.30 a.m. Monday to Thursday and 5.00
p.m. to 12.30 a.m. on Friday. They clean plant and equipment.
The work is exceptionally dirty and involves cleaning down
printing machines and surrounding areas. The workers are
required to wear a fresh set of overalls each evening and
protective footwear. The work is quite different to the
routine cleaning duties undertaken in the industry. The Union
accepts that the work is 'interior cleaning'; however other
cleaning contractors pay workers, engaged on similar type
duties, higher rates of pay than those provided for in the
E.R.O.
2. Guinness Site:
2. There are approximately 27 workers involved at this site
who work a 39-hour week. They are engaged in a wide range of
distinctive duties involving interior and exterior cleaning.
Some duties involve work at heights, cleaning vats and also
moving and lifting heavy bags of grain (Details of equipment,
sites and duties supplied to the Court). The E.R.O. was not
intended to be so all-embracing as to prevent workers, whose
duties are manfifestly different, from pursuing a more
suitable rate of pay and practice within the industry has been
to set aside the E.R.O. in particular circumstances
3. In the cases of the cleaners at both sites,
circumstances exist for excluding them from the scope of the
Contract Cleaning J.L.C. E.R.O.
COMPANY'S ARGUMENTS:
4. 1. The Contract Cleaning Employment Regulation Order covers
"workers employed in contract cleaning in the City and County
of Dublin who are engaged in the cleaning of the interior of
offices, shops, hospitals, factories, stores and other similar
establishments". The claimants are engaged in the cleaning of
a factory and similar establishment. They are engaged in the
cleaning of the interiors of the sites mentioned. They are
not engaged in industrial cleaning but rather in normal
accepted cleaning duties performed by many contract-cleaning
contractors in the city. The Company contends that they are
covered by all elements of the E.R.O. and are engaged in
standard contract-cleaning duties.
DECISION:
5. Having considered the submissions of the partes, the Court has
decided that the contract-cleaning J.L.C. operates in respect of
the employees of Professional Contract Cleaners employed at the
Irish Press and Guinness sites and who are the subject of this
case.
The Court also decides that these employees are covered by the
Employment Regulation Orders isued in respect of Contract Cleaning
workers in the City and County of Dublin.
The Court considers that the Contract Cleaning J.L.C. is the
appropriate forum in which to raise questions of the grading of
work and premium payments.
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Signed on behalf of the Labour Court
Kevin Heffernan
16th November, 1992 --------------
T. O'D/U.S. Chairman