Labour Court Database __________________________________________________________________________________ File Number: CD95166 Case Number: LCR14860 Section / Act: S26(1) Parties: CARTON BROTHERS LIMITED (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Calculation of overtime.
Recommendation:
The Court, having considered all of the views of the parties,
recommends that the consolidated rate of pay should be paid for
overtime worked on Saturday, where the work to be undertaken is
such as would be carried out on shift work and would attract this
rate during the normal working week.
Shift workers on overtime on Saturday, carrying out work other
than the above, should be paid by reference to basic pay.
Division: Mr McGrath Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95166 RECOMMENDATION NO. LCR14860
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
CARTON BROTHERS LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Calculation of overtime.
BACKGROUND:
2. The dispute concerns the method of calculation of Saturday
overtime working for 8 workers.
In 1991, the Company introduced shift work in the feed mill.
The shift pays basic plus 16.5% and operates from Monday to
Friday. Up to December, 1993, the Company had paid Saturday
overtime at the consolidated rate. In December, 1993, the
Company discontinued the practise and paid Saturday overtime
at the basic rate. The Company maintains that the practise
of paying Saturday overtime at the consolidated rate was due
to an administrative error. The Union claims that an
agreement from May, 1991, states that all overtime will be
paid at the consolidated rate.
The dispute was referred to the Labour Relations Commission
and a conciliation conference took place on 19th October,
1994. No agreement was reached and the dispute was referred
to the Labour Court on 27th February, 1995. A Labour Court
hearing took place 26th May, 1995.
UNION'S ARGUMENTS:
3. 1. An agreement was reached with the Company on 24th May,
1991, regarding the payment of overtime. The agreement
does not distinguish between week-day work and week-end
work. The Company does not have the right to
arbitrarily change the workers' wages.
2. The payment of overtime (including week-ends) at the
consolidated rate is long established. The Company's
offer to restore the consolidated payment
retrospectively to December, 1993, and "red-circle" same
to existing employees is not acceptable.
COMPANY'S ARGUMENTS:
4. 1. The Company did not enter into an agreement where
overtime outside of the shift cycle would be paid at the
consolidated rate. Saturday overtime is not regarded as
shift work. It is paid at the rate of time and a half
for the first four hours and double time thereafter.
2. The payment of Saturday overtime at the consolidate rate
was due to an administrative error. Saturday overtime
is not paid at the consolidated rate anywhere else in
the Company.
RECOMMENDATION:
The Court, having considered all of the views of the parties,
recommends that the consolidated rate of pay should be paid for
overtime worked on Saturday, where the work to be undertaken is
such as would be carried out on shift work and would attract this
rate during the normal working week.
Shift workers on overtime on Saturday, carrying out work other
than the above, should be paid by reference to basic pay.
~
Signed on behalf of the Labour Court
8th August, 1995 Tom McGrath
C.O'N./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.