Labour Court Database __________________________________________________________________________________ File Number: CD95722 Case Number: AD9623 Section / Act: S13(9) Parties: DELPHI PACKARD ELECTRIC SYSTEMS IRELAND LIMITED (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION;SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Company against Rights Commissioner's Recommendation No. ST160/95.
Recommendation:
The Court having considered the submissions of both sides finds
that the agreement in relation to the 39/41 hour agreement should
be applied as follows:-
(A) Where an individual takes a full week vacation the extra two
hours should not be banked.
(B) The current arrangement in relation to odd days off should
continue.
Accordingly the Court does not uphold the Rights Commissioner's
Recommendation and upholds the Company appeal.
The Court so decides.
Division: Mr Flood Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95722 APPEAL DECISION NO. AD2396
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
DELPHI PACKARD ELECTRIC SYSTEMS IRELAND LIMITED
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS UNION
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Company against Rights Commissioner's
Recommendation No. ST160/95.
BACKGROUND:
2. In January, 1995 the Company and the Union reached agreement
on the extension of the working week from 39 to 41 hours.
Whilst no extra payment would be paid weekly for the two
hours, it was agreed that each worker would be credited with
the corresponding 'banked' hours. When a worker took his
three week's annual leave the Company did not pay him for
'banked hours'. The Union claimed that the Company's action
was in breach of the agreement. Management rejected the
claim. The dispute was referred to a Rights Commissioner for
investigation and recommendation. On the 8th November, 1995,
the Rights Commissioner issued his recommendation as follows:
"No argument was advanced by the Company that the banking of
hours for holidays less than five days was a concession or
indeed an original clerical or administrative mistake or
oversight.
In these circumstances I must conclude that logic demands
that all holidays should attract the same concession the
Company obviously made in the matter in the first instance.
Accordingly, I recommend that the Union Group's claim
succeeds".
On the 19th December, 1995 the Company appealed the Rights
Commissioner's recommendation to the Labour Court. The Court
heard the appeal on the 14th February, 1996.
COMPANY'S ARGUMENTS:
3. 1. In order to bank two hours per week employees must in
fact work these two extra hours each week which is why
no banked hours were accredited to the workers during
their three weeks annual leave. The extra two hours of
labour are loaned by workers to the Company for which
payment is made at a later date.
2. The two extra hours are part of an agreement and relate
to extra labour which is worked by employees. In any
normal week if employees do not work 41 hours they do
not bank two hours. During the holiday period no extra
hours are worked therefore these hours cannot be banked.
3. Concession of the claim would place a significant
financial burden on the Company.
UNIONS' ARGUMENTS:
4. 1. In January, 1996 employees stopped working 41 hours and
returned to a 39 hour week. The 41 hour week was worked
for almost one year. During that period the Company
credited the corresponding 'banked hours' for weeks
containing a Public Holiday or service day. This means
that an employee who works 32.6 hours will receive as
payment:
8.4 hours pay for the Public Holiday
30.6 hours pay for the 32.6 hours
2 hours accredited as 'banked hours'
2. The Company departed from this agreement when applying
payment for annual leave. For all annual leave taken in
blocks of five days the Company pays 39 hours but refuse
to accredit any 'banked hours'. However, the Company
have accredited 'banked hours' to workers who have taken
a day or two day's annual leave in a given week.
3. The Unions seek the consistent application of the
agreement with regard to the 41 hour week by
accrediting 'banked hours' as payment during all periods
of annual leave as recommended by the Rights
Commissioner.
Decision
The Court having considered the submissions of both sides finds
that the agreement in relation to the 39/41 hour agreement should
be applied as follows:-
(A) Where an individual takes a full week vacation the extra two
hours should not be banked.
(B) The current arrangement in relation to odd days off should
continue.
Accordingly the Court does not uphold the Rights Commissioner's
Recommendation and upholds the Company appeal.
The Court so decides.
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Signed on behalf of the Labour Court
26th March, 1996 Finbarr Flood
T.O'D./S.G. ________________
Deputy Chairman