Labour Court Database __________________________________________________________________________________ File Number: CD94510 Case Number: AD9484 Section / Act: S13(9) Parties: OFFICE OF PUBLIC WORKS (O.P.W.) - and - TWO WORKERS;THE UNION OF CONSTRUCTION ALLIED TRADES |
Appeal against Rights Commissioner's Recommendation No. ST191/94.
Recommendation:
Having heard the submissions of the parties and the responses, the
Court upholds the Rights Commissioner's Recommendation and rejects
the Union's appeal.
The Court so decides.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94510 APPEAL DECISION NO. AD8494
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
OFFICE OF PUBLIC WORKS (O.P.W.)
AND
TWO WORKERS
(REPRESENTED BY THE UNION OF CONSTRUCTION ALLIED TRADES
AND TECHNICIANS)
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
ST191/94.
BACKGROUND:
2. The dispute concerns a compensation claim by the two workers
arising from their transfer from Dun Laoghaire to Pembroke
Row, Dublin 2. The move has resulted in a loss of travel
time payment to the workers.
The workers have been employed by the O.P.W., since 1979 and
1981 respectively, in the Dun Laoghaire yard. In 1989, the
Dun Laoghaire yard was split between the O.P.W. and the
Department of the Marine. Having been given a choice, the
workers opted to stay with the O.P.W. In 1993, it was
decided to close the Dun Laoghaire yard and move the two
workers to Pembroke Row.
The O.P.W. operate a system whereby workers who operate
outside of Dublin are paid a travel time payment, depending
on how far from Dublin they operate. Workers in the Dun
Laoghaire district were paid at a rate of 1 3/4 hour's pay
per day. Workers in the Dublin area receive one hour's pay
per day. Both workers live in the Dun Laoghaire district.
Because of the move back to work in Dublin they will lose
three quarters of an hour's pay per day.
The dispute was referred to the Rights Commissioner and a
hearing took place on 24th August, 1994. The Rights
Commissioner's recommendation follows:-
"The claimants were beneficiaries for a number of years
and they were fortunate in that respect. It took much
concerted effort by the Building Group of Unions at the
J.I.C. for State Employees to force the Government
Departments to concede the travel and meals allowances
pertaining in the Building Industry. The present two
cases cannot be used to set this most valuable
concession aside and I must therefore uphold the
integrity of the Agreement by recommending that the
claim for an ex agreement payment fails".
The Union appealed the recommendation to the Labour Court on
10th October, 1994, under Section 13(9) of the Industrial
Relations Act, 1969. A Labour Court hearing took place on
22nd November, 1994.
UNION'S ARGUMENTS:
3. 1. The two workers will lose three quarters of an hour's
travel time payment despite having to travel in from Dun
Laoghaire every day. The extra travelling will be more
costly and time consuming.
2. The workers would still be working in Dun Laoghaire if
they had opted to work in the Department of the Marine
in 1989. They were assured at the time that there would
be no loss of payments if they stayed with the O.P.W.
COMPANY'S ARGUMENTS:
4. 1. The O.P.W. is acting within the agreement on travel time
payment. The decision to close the Dun Laoghaire yard
and centralise in Dublin was for economic reasons. A
number of other workers were transferred to Dublin but
have made no claims.
2. For a number of years the two workers concerned received
the second highest level of travel time payment without
having to travel any distance. Conceding the Union's
claim would lead to a number of other similar claims,
with serious repercussions for the O.P.W.
DECISION:
Having heard the submissions of the parties and the responses, the
Court upholds the Rights Commissioner's Recommendation and rejects
the Union's appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
6th December, 1994 Finbarr Flood
C.O'N./M.M. _______________
Deputy Chairman