Labour Court Database __________________________________________________________________________________ File Number: CD93396 Case Number: LCR14173 Section / Act: S26(1) Parties: IRISH RAIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union, on behalf of workers in the road freight section, for compensation for collecting cheques on behalf of the Guinness Group.
Recommendation:
4. Having considered the submissions from the parties the Court
is of the view that a once off payment is a fair way to resolve
this issue. The Court recommends that the total amount offered be
increased to a sum of #45,000 and divided between the workers
involved in the claim in the same proportions as that set out in
the Company's submission.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD93396 RECOMMENDATION NO. LCR14173
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: IRISH RAIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union, on behalf of workers in the road freight
section, for compensation for collecting cheques on behalf of the
Guinness Group.
BACKGROUND:
2. Irish Rail operates a number of scheduled deliveries for the
Guinness Group. It also collects cheques/giros from a number of
Guinness' customers. The Union claimed a payment of #5 per day on
behalf of the workers in the road freight section involved in this
service. Following discussions between the parties the Company
offered a once-off lump sum payment to the workers concerned as
follows:
#250 each to 84 regular staff
#100 " " 45 relief staff
# 50 " " 136 remaining road freight staff.
The total cost to the Company is #32,500. The Union rejected the
offer. The issue was referred to the Labour Relations Commission
and conciliation conferences were held on the 4th November, 1992,
22nd January, 1993 and 3rd April, 1993. As no agreement was
reached the dispute was referred to the Labour Court by the Labour
Relations Commission on the 5th July, 1993. The Court
investigated the dispute on the 10th August, 1993.
UNION'S ARGUMENTS:
3. 1. The workers who are being asked to collect debts on behalf
of a customer should be adequately compensated. As the
collections will be made on an ongoing basis the workers
concerned must be compensated by way of a daily differential
payment.
2. The Guinness Group will make major savings through the
collection scheme. This will have the effect of eliminating
bad debts. The Company will also effect savings through not
having sales staff engaged on the collection work.
COMPANY'S ARGUMENTS:
3. 1. Road freight staff have made cheque/giro collections at
seven locations for the past number of years. The Company now
seeks to extend the service to all locations. It has offered
lump sum payments, as outlined, to the workers concerned in
return for collecting cheques/giros when required.
2. The Company cannot afford to concede the Union's claim
which would cost approximately #177,000. Management's offer
of a once off lump sum payment to each worker involved in the
collection service is fair and reasonable.
RECOMMENDATION:
4. Having considered the submissions from the parties the Court
is of the view that a once off payment is a fair way to resolve
this issue. The Court recommends that the total amount offered be
increased to a sum of #45,000 and divided between the workers
involved in the claim in the same proportions as that set out in
the Company's submission.
~
Signed on behalf of the Labour Court
Evelyn Owens
______________________
13th August, 1993. Deputy Chairman.
T.O'D./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.