Labour Court Database __________________________________________________________________________________ File Number: CD91635 Case Number: LCR13845 Section / Act: S26(1) Parties: UDARAS NA GAELTACHTA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute regarding the retrospective implementation of travel time for building workers.
Recommendation:
5. The Court, having regard to the terms of the current
Construction Industry Registered Agreement and in particular to
the relevant sections relating to travel allowances, can see no
grounds upon which it can recommend concession of this claim.
Division: Mr Heffernan Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD91635 RECOMMENDATION NO. LCR13845
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: UDARAS NA GAELTACHTA
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute regarding the retrospective implementation of travel
time for building workers.
BACKGROUND:
2. 1. The claim involves approximately 7 people who are employed
by the Company as construction operatives. The Company's
building workers have always operated on the basis of pay
parity with national Construction Industry Federation
conditions subject to sanction by Roinn na Gaeltachta.
2. The question of payment of travel time arose when a
contract was undertaken in Kilkiernan, Connemara. The
building workers in question travelled in their own cars
to and from this site. Travel time allowances are paid to
construction workers under the Construction Industry
Registered Employment Agreement when they travel to a
site. This provision was extended to Galway city from the
1st January, 1990.
3. The Company's building workers had always enjoyed parity
with Galway city building workers and, therefore, the
Union lodged a claim for travelling time on the following
basis:-
First mile - 20 minutes per day
1-2 miles - 45 minutes per day
Over 2 miles - 1 hour per day.
The Union also sought retrospection on a phased basis i.e.
half from 1st August, 1989 and the remainder from the 1st
January, 1990
4. The Company rejected this claim and a conciliation
conference was held on 5th September, 1991. Agreement
could not be reached and the issue was referred to the
Labour Court on 29th November, 1991. The Court
investigated the matter on the 30th October, 1992 in
Galway.
UNION'S ARGUMENTS:
3. 1. The workers are paid rates of pay in accordance with the
construction industry registered employment agreement. Part
of this agreement provides for travel allowance and this
should apply to these workers also.
2. Section 3 of the agreement relating to Galway states
that "a person who normally lives within a 3 mile radial
distance from the site on which he is working will quality
only for the minimum travel allowance payment". This should
be paid to the claimants.
COMPANY'S ARGUMENTS:
4. 1. The agreement does not apply where an employer provides
suitable transport. A truck with a double cab takes workers
to sites where necessary.
2. The Registered Employment Agreement for the Construction
Industry with regard to travel time in Galway refers strictly
to the urban area. There is no provision for its payment in
respect of rural contractors.
RECOMMENDATION:
5. The Court, having regard to the terms of the current
Construction Industry Registered Agreement and in particular to
the relevant sections relating to travel allowances, can see no
grounds upon which it can recommend concession of this claim.
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Signed on behalf of the Labour Court
Kevin Heffernan
16th November, 1992 --------------
P.O'C/U.S. Chairman
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NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Paul O'Connor, Court Secretary.