LCR14855

Subject:
Inclusion of Saturday overtime in calculation of annual leave payments.

Recommendation:
The Court finds that this claim is in breach of the terms of the
P.C.W. and thus cannot be considered.

The Court, however, is satisfied that the overtime involved does
meet the criteria for holiday pay which the Court has accepted in
previous cases.

It is open to the Union to make the claim again at the expiry of
the P.C.W. should the matter not be resolved before that time.

Division: Ms Owens Mr McHenry Mr Rorke

Text of Document__________________________________________________________________

CD9512 RECOMMENDATION NO. LCR14855

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES:
SHOWERINGS (IRELAND) LIMITED

AND

TECHNICAL ENGINEERING AND ELECTRICAL UNION


SUBJECT:

1. Inclusion of Saturday overtime in calculation of annual leave
payments.



BACKGROUND:

2. The Company is involved in the processing, manufacturing and
bottling of ciders, perries, fruit juices and soft drinks at
its plant in Clonmel.

The dispute before the Court concerns the Union's claim on
behalf of 15 maintenance craftsmen for the inclusion of
Saturday overtime in the calculation of holiday pay. Local
level discussions took place but no agreement was reached and
the matter was referred to the Labour Relations Commission.
A conciliation conference took place on 16th November, 1994.
As no agreement was reached the dispute was referred to the
Labour Court on 5th January, 1995 under Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took
place in Clonmel on 10th May, 1995.



UNION'S ARGUMENTS:

3. 1. Craftsmen employed by the Company have worked overtime
on Saturdays for over 20 years. Overtime working was
essential to enable the Company to proceed with
production on the following Monday.




2. In previous Labour Court recommendations the Court has
recommended that structured Saturday overtime should be
included in the calculation of holiday pay.

3. The workers concerned have an agreement to work a
regular structured week of 44.50 hours. They work an
average of 48 Saturdays in the year and in the
circumstances the inclusion of Saturday overtime in the
calculation of holiday pay is justified.



COMPANY'S ARGUMENTS:

4. 1. The inclusion of overtime in the calculation of holiday
pay is precluded under the Holiday Employees Act and is
in breach of the Programme for Competitiveness and Work.

2. A number of companies (20 approximately) contacted by
the Company regarding the above issue calculate holiday
pay in accordance with the Holiday Employees Act.

3. Overtime is regularly worked on Saturdays, but overtime
is not guaranteed nor is there a requirement on
individuals to work it.

4. The Company's cost structure is uncompetitive. This has
resulted in the recent loss of established bottling
contracts.

5. The workers concerned are the highest earning group in
the Company. Concession of the Union's claim would
equate to a 2.50% (approximately) increase on basic pay.
It would have serious repercussive effects throughout
the general workforce and serious implications for the
Company's competitiveness.




RECOMMENDATION:

The Court finds that this claim is in breach of the terms of the
P.C.W. and thus cannot be considered.

The Court, however, is satisfied that the overtime involved does
meet the criteria for holiday pay which the Court has accepted in
previous cases.

It is open to the Union to make the claim again at the expiry of
the P.C.W. should the matter not be resolved before that time.
~
Signed on behalf of the Labour Court


14th August, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman


Note

Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.