Labour Court Database __________________________________________________________________________________ File Number: CD94106 Case Number: LCR14414 Section / Act: S26(1) Parties: LIMERICK REGIONAL TECHNICAL COLLEGE - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning:- (i) Shift premia for caretakers; (ii) Application date for Clause 3 of the programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
5. The Court notes the agreement between the parties to deal
locally with the question of the application of clause 3 of
P.E.S.P. which was referred as part of this case.
Having considered the submissions of the parties on the issue of
payment of shift premia to the claimants, the Court is satisfied
that they do not qualify for such payments under existing
regulations which have been agreed at national level.
The question of overtime payments instead of time off in lieu for
extra hours worked, although raised strongly by the Union, was not
before the Court and must therefore be dealt with by the parties
as a separate issue.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD94106 RECOMMENDATION NO. LCR14414
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: LIMERICK REGIONAL TECHNICAL COLLEGE
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning:-
(i) Shift premia for caretakers;
(ii) Application date for Clause 3 of the programme for
Economic and Social Progress (P.E.S.P.).
BACKGROUND:
2. The Union is seeking the retrospective payment of shift
premium or overtime rates on behalf of 9 caretakers. The
caretakers presently receive time off in lieu for hours
worked outside normal working hours (i.e. from 6.00 p.m. to
10.00 p.m., weekdays). The claim was rejected by the college
and the matter was referred to the Labour Relations
Commission. A conciliation conference was held on the 20th
January, 1994, at which agreement was not reached. The
dispute was referred to the Labour Court on the 10th
February, 1994, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. The Court investigated the
dispute, in Limerick, on the 24th of March, 1994. At the
Court hearing, the parties indicated that they had reached
agreement concerning the issue of Clause 3 of the P.E.S.P.
UNION'S ARGUMENTS:
3. 1. Following local discussions, it was proposed to
introduce a new roster providing cover, when required, between
the hours of 6 p.m. and 10. p.m., with a new starting-time of
2 p.m., finishing at 10 p.m. Accordingly the claim for a
shift-premium is reasonable.
2. There are various arrangements implemented in the
RTCs and VEC schools. A constant feature, however, is the
payment of overtime at time plus one half, or a roster with a
shift premium of 1/6th of basic pay. Limerick R.T.C. appears
to be the only college giving time off in lieu.
3. An "unsocial hours" payment should be implemented so
that an acceptable roster can be agreed. The Department of
Education's circular C.L. 21/86, dated the 16th of April,
1986, provides for the payment of overtime, or a shift
premium.
COLLEGE'S ARGUMENTS:
4. 1. The rosters for caretakers as they currently stand do
not fulfil the requirements of C.L. 21/86, for the payment of
the differential. Under the terms of the circular, "a
differential will be paid for two-shift working provided that
the number of hours spanned by the shifts is not less than 14
hours. To be entitled to payment, the workers involved must
rotate between the early and late shifts".
2. Not all caretakers operate 'rotating' shifts and those
who do operate such shifts do not fulfil the requisite 14-hour
time-span necessary for the payment of the differential. The
terms and conditions included in C.L.21/86 were drawn up and
agreed by the Unions representing the caretakers and
attendants in VECs and RTCs.
RECOMMENDATION:
5. The Court notes the agreement between the parties to deal
locally with the question of the application of clause 3 of
P.E.S.P. which was referred as part of this case.
Having considered the submissions of the parties on the issue of
payment of shift premia to the claimants, the Court is satisfied
that they do not qualify for such payments under existing
regulations which have been agreed at national level.
The question of overtime payments instead of time off in lieu for
extra hours worked, although raised strongly by the Union, was not
before the Court and must therefore be dealt with by the parties
as a separate issue.
~
Signed on behalf of the Labour Court
Kevin Heffernan
22nd April, 1994 ----------------
M.K./U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Michael Keegan, Court Secretary.