FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation ST686/96 concerning claim for 24 hours overtime.
BACKGROUND:
2. The worker concerned is employed by the County Council as a depot assistant at its Sandyford plant. He is responsible for the various clerical duties associated with workers employed on bin collection. On the Saturday following a Bank Holiday Monday it is normal for the worker to work 10 hours overtime. This is the same amount of overtime which employees on bin collection duties receive for a double lift which takes place on the Monday following a Bank Holiday.
On the 9th of May, 1997 local residents picketed the tiphead at Ballyogan. The Council's refuse trucks were unable to gain access for five days and subsequently had to travel to Dunsink and Baleally tipheads. Because of the additional travelling time involved the trucks could only make one trip instead of the two trips normally required to clear each route.
The employees on bin collection received an agreed 45 hours overtime to clear the backlog of rubbish. The Union submitted a claim on behalf of the worker for 24 hours overtime. (The worker was on annual leave for two days during the protest). It claims that he is part of the team and is normally included in such overtime arrangements. Management rejected the claim. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 19th of March, 1997 the Rights Commissioner recommended as follows:-
"I recommend that the Union and the worker accept that the Council decision in this instance is correct."
The worker was named in the recommendation.
The Rights Commissioner's recommendation was appealed by the Union to the Labour Court on the 26th of April, 1997 under Section 13(9) of the Industrial Relations Act, 1969. The Labour Court heard the appeal on the 22nd of September, 1997.
UNION'S ARGUMENTS:
3. 1. The employees on bin collection received 45 hours overtime to clear the backlog. The worker concerned is an integral part of the operation and should be paid the overtime hours for the 16th, 21st and 22nd of May, 1997.
2. The worker is paid the same rate as bin lorry drivers which includes a weekly productivity payment. In the past the worker has received similar payments to those received by bin crews in unusual circumstances which occasionally arise i.e. disputes and inclement weather. In the circumstances and having regard to custom and practice the Union's claim is justified.
COMPANY'S ARGUMENTS:
4. 1. The worker's normal clerical duties as depot assistant would not warrant the working of 45 hours overtime and accordingly, there is no merit in this claim. He has been paid 10 hours overtime in accordance with the usual accepted arrangements.
2. There is no work available which the Council requires the worker to do on overtime, and it would be an unacceptable waste of the Council's resources to create work, on overtime, which does not need to be done.
3. As the worker is not involved in the physical collection of bins, there is no justification for him to work 45 hours overtime.
4. The Rights Commissioner stated in his recommendation that there are no grounds for concession of the worker's claim in whole or in part.
DECISION:
The Court is of the view that the claimant has been treated as part of the group, given that he is paid at the rate of bin driver and is paid the productivity half hour per day that the drivers enjoy.
It is the Court's recommendation that the claimant be paid the 24 hours claimed and the Council negotiate any change required in the future.
The Court therefore upholds the appeal and amends the Rights Commissioner's Recommendation accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Finbarr Flood
10th October, 1997______________________
F.B./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.