Labour Court Database __________________________________________________________________________________ File Number: CD92606 Case Number: LCR13873 Section / Act: S26(1) Parties: OFFICE OF PUBLIC WORKS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning the following improvements in pay and conditions of part-time guides: (a) Continuity of service for seasonal and part-time guides following completion of two seasons or six months unbroken satisfactory service, (b) Payment of seasonal and part-time guides at the minimum of the permanent guides scale, and, (c) Payment of weekend premia where appropriate.
Recommendation:
5. The Court, having given careful consideration to the
submissions of the parties, written and oral, recommends as
follows:-
(1) CONTINUITY OF SERVICE - Seasonal and part-time
guides who have served for not less than 2 seasons
and who have given satisfactory service during that
period should be accorded priority in the selection
of guides for the next following season.
(2) PAYMENT OF SEASONAL AND PART-TIME GUIDES - The rate
of pay for seasonal and part-time guides on
recruitment should continue as at present.
However, after two seasons' satisfactory service
they should proceed by annual increments on the
Clerical Officer scale up to the max payable to
full-time guides.
(3) WEEK-END PREMIA - Having regard to the nature of
the employment and the financial implications for
the service, the Court does not recommend
concession of the Union's claim.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92606 RECOMMENDATION NO. LCR13873
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: OFFICE OF PUBLIC WORKS
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning the following improvements in pay and
conditions of part-time guides:
(a) Continuity of service for seasonal and part-time guides
following completion of two seasons or six months
unbroken satisfactory service,
(b) Payment of seasonal and part-time guides at the minimum
of the permanent guides scale, and,
(c) Payment of weekend premia where appropriate.
BACKGROUND:
2. 1. The Office of Public Works (O.P.W.) provides a wide range
of guiding services at a large number of locations throughout
the country. The O.P.W. employs 10 full-time guides, up to
180 seasonal guides (approx) and 10 to 20 part-time guides.
2. Up to 1st July, 1989, all guides were paid the first point
of the civil service clerical officer scale. A claim was
brought by the Union for an improvement in the salary of
full-time guides. The claim was settled following the issue
of Labour court Recommendation No. 12,692 and the full-time
guides received an improvement in their salary. The claim
excluded seasonal and part-time guides.
3. The seasonal guides are generally employed between April
and October. They are let go on completion of their contract.
The contract of employment states inter alia:
"Your acceptance of this contract, and the satisfactory
completion of it, does not confer on you any rights to
future employment with the Office of Public Works, in
the same capacity or any other capacity".
Part-time guides make themselves available at short notice to
stand in for other unavailable workers or to assist at busy
periods. Part-time guides remain on a panel and competitions
for positions are held only intermittently.
4. The Union brought a claim for the improvement of the pay
and conditions of seasonal and part-time guides. The claim
was rejected. It was referred to the Labour Relations
Commission and a conciliation conference was held on 2nd
September, 1992 but no progress was possible. The claim was
referred to the Labour Court for investigation and
recommendation on 1st October, 1992. A Labour Court
investigation took place on 21st October, 1992.
UNION'S ARGUMENTS:
3. 1. Continuity of service for seasonal and part-time guides
Each year the O.P.W. at the height of the tourist season
employs up to 180 seasonal and up to 20 part-time guides. The
contracts for seasonal workers last from 3 to 8 months. If
the workers apply for the same job when it is advertised the
following year, no formal preference is given for previous
service. It is unfair that workers must reapply for a
position they may have held from between 2 to 10 years.
Unless there is a serious proven problem in respect of work,
the workers should be given first option to fill the vacancy
which they created. The workers should have an entitlement to
continuity of service following the completion of 2 seasons or
6 months satisfactory service.
2. Payment of the minimum of the permanent guide scale
In 1989 receipts from sites where the public pay an entrance
fee amounted to #1 million. This has increased to #1.5m in
1992. There are only 10 permanent guides and as a result many
of the sites are manned almost exclusively by
seasonal/part-time guides who have the same responsibilities
as their permanent colleagues. The Union is seeking the
minimum point of the permanent guides' scale rather than the
age-related first point of the civil service clerical officer
scale.
3. Payment of weekend premia where appropriate
The seasonal and part-time guides are paid a flat rate and
receive no premia for any work done on Sunday. The rate of
pay should reflect the unsocial nature of Sunday working in
line with national practice.
O.P.W.'S ARGUMENTS:
4. 1. Continuity of service for seasonal and part-time guides
The recruitment of seasonal guides each summer provides
valuable employment for students and the unemployed. This
employment is strictly by contract and the position is at all
times given to the most suitable applicant. Workers do
reapply on succeeding years and are re-employed if they are
the most suitable applicants at the time. Concession of the
Union's claim would ensure that workers are re-employed each
year. This would apply even when they were no longer students
or unemployed (details supplied). There is a large number of
applications each year and the standard of the competition is
very high. The O.P.W. cannot deprive students and the
unemployed of the opportunity to compete fully for the
available positions. This position applies equally to
competitions for part-time positions.
2. Payment of the minimum of the permanent guide scale
The value of the work of a guide was assessed as being
equivalent to a clerical officer starting work in similar
circumstances. A reassessment of the work of each grade was
carried out at the time of the claims for a pay increase by
permanent guides which gave rise to L.C.R. 12692. The
comparison was found to be still valid. The cost of
concession would be #150,000 per year which would have to be
financed from the O.P.W.'s internal resources. This would
result in a loss of jobs or employing fewer workers.
3. Payment of weekend premia where appropriate
The cost of concession of this element would be #130,000 per
year. This cannot be funded from existing resources.
4. The O.P.W. believes that the vast majority of workers are
satisfied with the existing contract terms. The O.P.W. has
received no complaints in regard to the conditions of
employment.
RECOMMENDATION:
5. The Court, having given careful consideration to the
submissions of the parties, written and oral, recommends as
follows:-
(1) CONTINUITY OF SERVICE - Seasonal and part-time
guides who have served for not less than 2 seasons
and who have given satisfactory service during that
period should be accorded priority in the selection
of guides for the next following season.
(2) PAYMENT OF SEASONAL AND PART-TIME GUIDES - The rate
of pay for seasonal and part-time guides on
recruitment should continue as at present.
However, after two seasons' satisfactory service
they should proceed by annual increments on the
Clerical Officer scale up to the max payable to
full-time guides.
(3) WEEK-END PREMIA - Having regard to the nature of
the employment and the financial implications for
the service, the Court does not recommend
concession of the Union's claim.
~
Signed on behalf of the Labour Court
Kevin Heffernan
____________________
24th November, 1992. Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.