FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT OF ARTS CULTURE AND THE GAELTACHT - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Claims by the Union for:
(1) compensation to 5 lock-keepers for loss of a 10 day fortnight
(2) retrospection payments for 23 lock-keepers in respect of new working arrangements
BACKGROUND:
2. The claims relate to an agreement concluded between the Office of Public Works and the Union in March, 1994 on the restructuring of the lock-keeper grade. The canals, formerly the responsibility of the O.P.W. are now under the control of the Department of Arts Culture and the Gaeltacht.
Claim 1:
The issue involves a claim for compensation by 5 lock-keepers who, up to the time of implementation of the agreement were able to take every second week off during the season 1st March to 30th September. Under the restructuring agreement they are required to work every weekend. In June, 1995 the Union's claim on behalf of the 5 lock-keepers for the retention of the 10-day fortnight was rejected by the Court (LCR 14836 refers). The Court however recommended that the new rostering arrangements be deferred until 30th November, 1995. The Union subsequently claimed compensation for the change.
Claim 2:
The Union's claim on behalf of 23 lock-keepers is for the retrospective application of weekend payments and eating-on-site allowance which formed part of the restructuring agreement.
The claims were rejected by Management. The dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 5th May, 1996. Agreement was not possible and the dispute was referred to the Labour Court by the Labour Relations Commission on the 2nd July, 1996.
A Court hearing was held in Portlaoise on the 27th November, 1996.
Claim 1:
UNION'S ARGUMENTS:
3. 1. The lock-keepers concerned are entitled to compensation in respect of the loss of every second weekend off. Having accepted LCR 14836, which recommended in favour of the Department, the Union is convinced that a realistic element of compensation is warranted. At various stages Management made a number of offers to the workers which were inadequate. Substantial compensation is required in respect of the significant changes in these workers' conditions of employment.
2. The Department's monetary offers clearly acknowledges the expectations of the workers and establishes the principle of compensation for their loss.
DEPARTMENT'S ARGUMENTS:
4. 1. The restructuring deal agreed between the parties provided for very substantial increases in basic pay (details to the Court).
2. While the Union contends that the Court, in LCR 14836, did not award compensation nevertheless the Court took cognisance of the difficulties which new working conditions would pose for the 5 lock-keepers in foregoing their 10 day fortnight, and acknowledged this by recommending that new rostering arrangements be deferred until 30th November, 1995. This was accepted by Management.
3. In an effort to resolve the issue the Department offered the workers £500 each by way of compensation.
Claim 2:
UNION'S ARGUMENTS:
5. 1. There is no dispute relating to the amount of backpay for the 23 lock-keepers i.e. £10 per week plus £7.91 eating on site allowance. The Union understood that when the new arrangements came into operation these payments would be backdated to March, 1994.
DEPARTMENT'S ARGUMENTS:
6. 1. The agreement provided for significant improvements in lock-keepers' conditions in terms of basic pay, weekend payments, structured hours, eating-on-site allowance. The workers were adequately compensated for these changes. Management does not agree that there is a case for retrospection but in an effort to resolve the issue the Department offered £300 to each of the workers concerned.
RECOMMENDATION:
1. The Court, in making these recommendations is conscious that it did, in LCR 14836, delay the date of implementation of the proposed changes to provide an element of compensation to the 5 lock-keepers for the changes in their working arrangements.
2. The Court recommends that the 5 lock-keepers involved in LCR 14836 be paid an £800 ex-gratia payment in full and final settlement of all their claims.
3. The Court also recommends that the other lock-keepers involved in this hearing be paid an ex-gratia payment of £500 in full and final settlement of all their claims.
Signed on behalf of the Labour Court
Finbarr Flood
6th December, 1996______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.