Labour Court Database __________________________________________________________________________________ File Number: CD92771 Case Number: LCR13980 Section / Act: S26(1) Parties: DUBLIN CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION |
Unsocial Hours Working.
Recommendation:
5. The Court does not find grounds for concession of the Union's
claim for payment of a premium in respect of late evening and
Saturday working.
The Court considers that the Corporation's offer of payment of
#2.80 in respect of working Saturdays should be accepted. The
payment to be made with effect from 25th April, 1991.
The Court so recommends.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD92771 RECOMMENDATION NO. LCR13980
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DUBLIN CORPORATION
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Unsocial Hours Working.
BACKGROUND:
2. The workers concerned are employed as library attendants in
Dublin Corporation's public library service. The workers' hours
of attendance include working late on two nights per week
(finishing time 8.15 p.m.) and working alternative Saturdays
(finishing time 5 p.m.).
Library attendants are currently on pay group 15 of Dublin
Corporation's schedule of differentials. In July, 1980, the
Labour Court issued L.C.R. No. 5872 which recommended that the
attendants be moved from pay group 8 to pay group 10 in
recognition of the conditions of their employment. The workers
rejected the Recommendation. Further local level discussions took
place at which the Corporation agreed to place the attendants in
pay group 15 on the basis that the workers would not be eligible
for an eating-on-site allowance and that they would continue to
work hours which meet the requirements of individual libraries.
In 1986, agreement was reached with librarians on revised opening
hours. A lump-sum payment of #200 was paid to the library
attendants for their co-operation in respect of the revised
opening hours and their on-going co-operation in respect of the
1981 agreement.
In May, 1989, the Unions submitted a claim for payment of an
allowance in respect of working unsocial hours. In December, 1990
the claim was re-submitted and in April, 1991, a meeting took
place at which the Corporation made an offer of #2.80 in respect
of Saturday attendance. The Unions who are seeking a payment
equal to one-eight of basic pay rejected the offer. Local level
discussions failed to resolve the issue and the matter was
referred to the Labour Relations Commission. A conciliation
conference held in December, 1991 was adjourned to allow for
further local discussion but no progress was made. Further
conferences were held in October, 1992 and November, 1992, but no
agreement could be reached and the matter was referred to the
Labour Court on 15th December, 1992. The Court hearing took place
on 28th January, 1993.
UNIONS' ARGUMENTS:
3. 1. When agreement was reached in 1981, the Unions were led to
believe that both parties accepted that the issue of unsocial
hours remained outstanding.
2. A request by the Corporation to defer a claim for working
unsocial hours until July, 1988 was part of the overall
agreement reached in 1986 in relation to revised opening
hours.
3. In Dublin Corporation, staff who work unsocial hours are
compensated.
4. The workers concerned are out of line with other grades of
workers doing similar work for similar pay, but who unlike
library attendants work normal hours. These grades include
messengers and housing attendants.
5. Porters whose duties are similar to the duties of library
attendants are paid a premium equal to one-eighth of basic pay
for working unsocial hours.
6. The Corporation's offer of a payment for Saturday
attendance is an acceptance that some payment must be made for
working unsocial hours. The unsocial hours working of library
attendants extend beyond Saturday working.
7. The job of library attendant has become more difficult
with an increase in vandalism. Most of the trouble occurs at
night.
COMPANY'S ARGUMENTS:
4. 1. The Labour Court in Recommendation No. 5872 issued in 1980
recommended that Pay Group 10 of the schedule of differentials
was the appropriate rate of pay for library attendants,
inclusive of allowances for evening and Saturday working.
Since then, the pay rate for the grade has been increased to
Pay Group 15 with effect from 1st June, 1979 and there have
been various improvements since in the conditions of
employment of library attendants.
2. In direct discussions and in discussions at the Labour
Relations Commission the Corporation stated that it was
prepared to determine fixed days of attendance - Friday or
Saturday - for each library attendant and in such
circumstances no variation of hours would arise for individual
employees. This proposal was not acceptable to the Trade
Unions.
3. The Corporation is prepared to pay the appropriate weekend
allowance #2.80 per week which is payable to general
operatives who are required to attend for five hours or more
on Saturdays.
4. The Corporation does not accept that the job of library
attendant is generally more difficult than it was previously.
Certain heavy manual work which formed part of the duties of
library attendants, such as filling and carrying of buckets of
fuel for use in open fires, no longer arises. In regard to
security, it is and always has been the policy of the library
service that security in a library is a function of the
librarian and that the library attendants merely assist.
5. Porters, especially in the Civic Offices, have to direct
and redirect members of the public to the appropriate blocks
and floors of the particular offices or to other Corporation
offices. In addition, shift porters have to exercise control
and supervision of persons entering the office blocks,
including television monitoring of persons and vehicles
entering the Civic Offices. Such duties clearly do not arise
in the case of library attendants.
6. A shift premium is payable to employees in the Corporation
who are required to work a different pattern of hours each
week. The established rate of shift premium payable is one
quarter for employees engaged on a 24 hour continuous shift
and one-eighth for employees engaged on a non-continuous
shift. The hours of duty of library attendants do not vary
Monday to Thursday from week to week. The only variation in
hours of attendance occurs on alternative Fridays and
Saturdays.
7. The Corporation's serious financial position in 1993 does
not permit any special pay increase to library attendants.
8. There is no justification for seeking the payment of a
shift differential for the workers concerned.
RECOMMENDATION:
5. The Court does not find grounds for concession of the Union's
claim for payment of a premium in respect of late evening and
Saturday working.
The Court considers that the Corporation's offer of payment of
#2.80 in respect of working Saturdays should be accepted. The
payment to be made with effect from 25th April, 1991.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
___________________
8th March, 1993 Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.