Labour Court Database __________________________________________________________________________________ File Number: CD9425 Case Number: LCR14346 Section / Act: S26(1) Parties: COMMISSIONERS OF IRISH LIGHTS - and - TECHNICAL ENGINEERING AND ELECTRICAL UNION |
Clause 3 of the Programme for Economic and Social Progress (P.E.S.P.).
Recommendation:
Having considered the submissions from the parties and noting the
history of negotiations on the implementation of Clause 3 of the
P.E.S.P. the Court is satisfied that it would not be justified in
upholding the Union's position.
The Court accordingly recommends that the Union accept the
Company's proposals as set out in Appendix 4 of their submission.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD9425 RECOMMENDATION NO. LCR14346
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
COMMISSIONERS OF IRISH LIGHTS
AND
TECHNICAL ENGINEERING AND ELECTRICAL UNION
SUBJECT:
1. Clause 3 of the Programme for Economic and Social Progress
(P.E.S.P.).
BACKGROUND:
2. 1. The dispute concerns 28 general workers. Following a
meeting between the parties in September 1992, the
Commissioners agreed to pay the 3% special bargaining
increase under Clause 3 of P.E.S.P. in return for a set of
proposals which Management claimed included the operation of
a voluntary roster providing emergency cover during the
Christmas holiday period. The Union accepted the
Commissioner's verbal proposals by letter dated 22nd October,
1992 but subsequently claimed that no agreement had been
reached on the voluntary roster and that it would have to be
negotiated separately.
2. The issue was referred to the Labour Relations
Commission and a conciliation conference was held on the 24th
August, 1993. As no agreement was reached the dispute was
referred to the Labour Court on the 17th November, 1993. The
Court investigated the dispute on the 21st February, 1994.
UNION'S ARGUMENTS:
3. 1. At the meeting in September, 1992 compulsory cover for
the Christmas period was not discussed. The verbal proposals
of that meeting were accepted by the workers concerned.
However, when the proposals were received by the Union in
writing they included the Christmas roster which had not been
agreed.
2. The issue of the Christmas roster must be treated
separately and processed through the normal agreed
procedures. The 3% increase under P.E.S.P. should be paid to
the workers concerned from the date on which it was paid to
all other workers in Irish Lights.
COMMISSIONERS' ARGUMENTS:
4. 1. The Commissioners have paid the 3% increase under
P.E.S.P. to the other two groups of workers who have accepted
the concept of the voluntary Christmas roster, as outlined in
the Commissioners' proposals (Appendix 4).
2. Management cannot concede extra payments to the workers
concerned for the operation of this roster. There is no
record of general workers being recalled over Christmas and
the remote possibility of such a recall was adequately
rewarded by the 3% increase.
3. The concept of recall to duty in emergencies is common
to all workers in the service. Lighthouse Technicians, who
are regularly involved in emergency call-outs, have accepted
the voluntary roster without additional payments. Concession
of additional payments for stand by or availability for
call-out would have enormous cost consequences which could
not be sustained.
RECOMMENDATION:
Having considered the submissions from the parties and noting the
history of negotiations on the implementation of Clause 3 of the
P.E.S.P. the Court is satisfied that it would not be justified in
upholding the Union's position.
The Court accordingly recommends that the Union accept the
Company's proposals as set out in Appendix 4 of their submission.
~
Signed on behalf of the Labour Court
24th February, 1994 Evelyn Owens
T.O.D./M.M. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.