Labour Court Database __________________________________________________________________________________ File Number: CD93217 Case Number: LCR14062 Section / Act: S26(1) Parties: CURRAGH TINTAWN CARPETS LIMITED - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the loss of earnings of 2 drivers.
Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that as the terms of the 1990 Agreement are
specific regarding compensation for loss of earnings and reduction
in overtime, it would not be justified in recommending concession
of the claim.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD93217 RECOMMENDATION NO. LCR14062
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: CURRAGH TINTAWN CARPETS LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the loss of earnings of 2 drivers.
BACKGROUND:
2. 1. In 1990, an agreement was reached in relation to bonus and
wage rates between the Company and the 2 drivers concerned.
The settlement involved a change in wage rates and a reduction
in overtime. Items (b) and (d) of the Agreement are as
follows:
(b) we reserve the right to reduce overtime further if
the situation arises.
(d) doors and gates will be opened and closed where
necessary in respect of van drivers duties.
2. Until recently the drivers operated a 6 a.m. start on
alternate weeks, to open gates. The Company as a result of a
decrease in sales eliminated the early start. The drivers are
now commencing work at 8 a.m.. This has resulted in a loss of
overtime of #23 per week per driver. The Union has sought
compensation for the loss of overtime.
3. The claim was not resolved at local level discussions and
it was referred to the Labour Relations Commission. A
conciliation conference was held on 13th January, 1993. No
progress was possible and the dispute was referred to the
Labour Court on 29th March, 1993 under Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court investigation
took place on 26th April, 1993.
UNION'S ARGUMENTS:
3. 1. The 1990 Agreement committed the drivers to performing
certain duties (including the opening of gates) in return for
a settlement of claims in respect of bonus and wage rates.
The Company reduced the drivers earnings in return for
compensation. The Company is again seeking to reduce the
drivers earnings and the Union is seeking compensation in line
with precedent in the Company.
2. If the Company wish to change the 1990 Agreement by
removing item (d) the drivers must be compensated for their
financial loss. The drivers' task of opening the gates in the
morning is now the responsibility of better paid workers. The
Union rejects the Company's assertion that the 1990 Agreement
allows them to remove overtime without compensation. If this
had been the intention of the Agreement, it would be clearly
stated and understood by both parties. The Union is seeking
compensation of 3 years loss of earnings.
COMPANY'S ARGUMENTS:
4. 1. One of the elements of the 1990 Agreement is that the
Company reserves the right to reduce overtime further if the
situation arises. In June 1992, the Company took the decision
to reduce the level of overtime in all departments. The
decision was taken because of a downward trend in the market
and no other claims have been received from any of the
departments affected.
2. The Company is entitled to rely on the 1990 Agreement
which inter alia reserves its right to reduce overtime if it
was warranted. The change in operation is required because of
the market situation. The Company is not in a position to
offer compensation
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
is of the view that as the terms of the 1990 Agreement are
specific regarding compensation for loss of earnings and reduction
in overtime, it would not be justified in recommending concession
of the claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
__________________
30th April, 1993. Deputy Chairman
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.