FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FITZGERALDS BREAD LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Overtime rate for Sunday.
BACKGROUND:
2. In 1987 there were 6 workers employed in the slicing department. The Company operated a 6-day production on a rotating basis. The slicers (permanent workers) worked a 5-day week, including Sundays. They rotated their days off and had 1 Sunday in 6 free.
In 1989 there was a reduction from 6 to 5 workers. The slicers then worked Monday to Friday and it was agreed that they would no longer work Sunday. Sunday work would be manned by a foreman and casual workers. The slicers retained their Sunday premium.
In March, 1993, the manning level was reduced from 5 to 4 workers and Sunday work was done exclusively by casual workers. In July, 1994, one of the slicers approached management and asked to be allowed to do Sunday work. This was agreed to. The rate for casual workers for Sunday was £57.83. Following discussions, the Company claims that it was agreed that a rate of £57 would apply to the slicer. This was later increased to £60, to take effect from 14th September, 1994. This was based on 1.5 times his daily rate of pay of £40.
The Union's claim is that any slicer who works on Sunday should be paid at an overtime rate, which is time and one half for the first 4 hours and double time thereafter. The dispute was referred to the Labour Relations Commission and a conciliation conference took place on 29th May, 1996. As the parties did not reach agreement, the dispute was referred to the Labour Court on 11th July, 1996, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 6th November, 1996, in Cork.
UNION'S ARGUMENTS:
3. 1. Subsequent to the agreement of £60 for Sunday work for the slicers, the Company issued a new contract of employment. This clearly states that Sunday work is overtime. The Company/Union Agreement refers to overtime as follows:-
"In the event of overtime arising the rate of pay
for the first 4 hours is time and one half, after that
it is double time."
The slicers are not paid as per this Agreement. At present, the slicers have to work 12 hours before getting double time on Sunday.
COMPANY'S ARGUMENTS:
4. 1. It was agreed between the Company and Union that casual workers were to work Sundays. This arrangement was working satisfactorily. The Company was reluctant to allow the slicers to return to Sunday work, but agreed to it on the basis that it would not cost the Company any more than if casual workers were employed. A rate of £60 was agreed to by the Union. It was also agreed that the £3 difference between the 2 rates (£57 and £60) would be backdated for each Sunday the slicers had worked. If any of the slicers do not wish to work on Sundays they are not obliged to.
RECOMMENDATION:
It is clear that other issues are impinging on this particular issue.
However, the Court is clear that an agreed rate was arrived at when the permanent employees insisted on the right to work on Sundays in 1993/1994 and that this rate should apply.
Signed on behalf of the Labour Court
Finbarr Flood
2nd December, 1996______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.