Labour Court Database __________________________________________________________________________________ File Number: CD95212 Case Number: LCR14836 Section / Act: S26(1) Parties: OFFICE OF PUBLIC WORKS - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the retention of a 10-day fortnight by 6 lock-keepers.
Recommendation:
The Court finds that the Company package was in return for changes
in working practices, including changes in the rostering
arrangements, resulting in the elimination of the 10-day
fortnight.
The Company made a forceful argument, which the Court cannot
ignore, that the 10-day fortnight working arrangement is unsafe.
The Court concious that the 5 people involved are being asked to
change their working pattern of many years, recommends that the
introduction of the new rostering arrangements be delayed until
1st December, 1995.
In the meantime the Company should arrange staffing so as to
eliminate any safety risk attached to working the 10-day fortnight
until 30th November, 1995.
Division: Mr Flood Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95212 RECOMMENDATION NO. LCR14836
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
OFFICE OF PUBLIC WORKS
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the retention of a 10-day fortnight by 6
lock-keepers.
BACKGROUND:
2. 1. The Office of Public Works (O.P.W.) took over the
running of the canal system in 1986. There are 102
workers employed by the canal system of which 23 are
lock-keepers. When the system was integrated into the
O.P.W., a range of industrial relations issues were
dealt with as part of the process.
2. Some matters remain outstanding including the question
of a 10-day fortnight for 6 lock-keepers. Since 1979,
the 6 workers worked a 10-day fortnight by providing
cover for colleagues at adjacent locks (details
supplied).
3. At a conciliation conference in June, 1994, a range of
issues were discussed including a framework agreement on
working hours. The framework agreement was again
considered at a conciliation conference on 12th
December, 1994. The O.P.W. proposed that the 10-day
fortnight for the 6 workers be replaced by the 7 day
week annualised hours system (details supplied). The
new system would be worked by all lock-keepers.
4. The Union rejected the Company's proposal and sought to
have the framework agreement implemented with the
workers retaining an entitlement to a 10-day fortnight,
on a red-circled basis. The dispute was not resolved
through conciliation and on 20th March, 1995, it was
referred to the Labour Court under the terms of Section
26(1) of the Industrial Relations Act, 1990. The Court
investigated the dispute in Tullamore on 21st June,
1995.
UNION'S ARGUMENTS:
3. 1. The 10-day fortnight system has no cost implications for
the O.P.W. A move away from a 10-day fortnight to a
situation of having no day off (details supplied) would
be a major diminution in the conditions enjoyed by the
6 workers. All other aspects of the framework agreement
are acceptable to the Union.
2. An Irish Productivity Centre Report on the post of
lock-keeper has recommended an extension of the present
10-day fortnight to provide cover if required. However,
the Union is not seeking the extension of the 10-day
fortnight to workers who have not operated it in the
past.
3. The workers who operate a 10-day fortnight will not have
any extra time-off over and above that granted to their
colleagues. The workers will complete the same number
of hours over the year.
OFFICE OF PUBLIC WORKS'S ARGUMENTS:
4. 1. Since it assumed responsibility for the operation of the
canal system, the O.P.W. has regarded lock-keepers as a
unified grade. Only a minority operates the 10-day
fortnight. It is unreasonable of the Union to be
seeking more favourable terms for such a small group.
2. The O.P.W. has stated that the elimination of the 10-day
fortnight is an essential part of the framework
agreement. The O.P.W. has already conceded a
substantial sum for no extra productivity except the
implementation of the standard working hours
(annualised) proposal.
3. The framework agreement is a radical new approach to the
lock-keepers' conditions of employment. All workers now
have a 39-hour week and there is now complete parity of
treatment. The O.P.W. must secure the elimination of
the 10-day fortnight for operational and safety reasons.
All workers will benefit greatly from the new agreement.
RECOMMENDATION:
The Court finds that the Company package was in return for changes
in working practices, including changes in the rostering
arrangements, resulting in the elimination of the 10-day
fortnight.
The Company made a forceful argument, which the Court cannot
ignore, that the 10-day fortnight working arrangement is unsafe.
The Court concious that the 5 people involved are being asked to
change their working pattern of many years, recommends that the
introduction of the new rostering arrangements be delayed until
1st December, 1995.
In the meantime the Company should arrange staffing so as to
eliminate any safety risk attached to working the 10-day fortnight
until 30th November, 1995.
~
Signed on behalf of the Labour Court
19th July, 1995 Finbarr Flood
J.F../D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.