FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SECURICOR IRELAND LIMITED - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Claim for payment for working after 8 p.m.
BACKGROUND:
2. The workers concerned are employed by the Company as cash-in-transit (CIT) drivers in Dublin. The dispute before the Court concerns the Union's claim on behalf of the drivers for payment of a 'late allowance' amounting to £6 to staff returning to base after 8 p.m. The Union argues that an agreement to pay the allowance is in place since 1986 and that the Company withdrew the payment without consultation in 1994.
The Company's position is that the agreement for payment of this allowance was for staff returning to base after 9 p.m. and the only agreement for payment of this allowance after 8 p.m. applied to a specific run.
Local level discussions failed to resolve the issue and the matter was referred to the Labour Relations Commission. A conciliation conference took place on the 24th of September, 1997. As agreement could not be reached the dispute was referred to the Labour Court on the 20th of January, 1998 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 5th of March, 1998.
UNION'S ARGUMENTS:
3. 1. In 1986 at a time when CIT staff were reluctant to work late, an agreement was put in place to pay the workers involved 1 hour's overtime. Subsequently all CIT staff who returned to base after 8 p.m. were paid 1 hour's overtime. In later years the 1 hour's overtime was replaced by a payment of £6.
2. The document signed by 21 workers (details supplied) claiming that they had received the allowance prior to 1994 has not been refuted by the Company. Its claim that the payment may have been for something else is not acceptable to the Union.
3. When the Company was advised that some workers claimed the allowance by writing the claim on their clock card, its response was that the clock cards were no longer available.
4. It is not reasonable to accept that the Company has no knowledge of these payments or access to the clock cards in question.
COMPANY'S ARGUMENTS:
4. 1. The original agreement allowed for an allowance to be paid to crews returning to base after 21.00 hours.
2. The Company agrees that there was a special agreement to pay in the case of Run 18 involving the Switzers and Sealink pick-ups where staff returned after 20.00 hours. It is the Company's view that run 18 returned to base close to 21.00 hours.
3. A document (details supplied) was found on file which refers to the Switzers pick-up normally finishing at 21.00 hours each Thursday. This document proposes a payment of £3 "on the strict understanding that it is solely in respect of this particular run without any preconditions for future development for other late runs". It would appear that this note was made in the late 80's and it confirms a special arrangement was being considered for the Switzers and Sealink pick-up. The Agreement for all other routes was for after 21.00 hours.
4. The only evidence that the Union has provided in support of its claim is a statement by a number of CIT drivers . With due respect and a desire not to offend the signatories to that statement it is not sufficient for the Company to accept the Union's claim, especially when a number of managers differ quite clearly with their interpretation of the agreement.
RECOMMENDATION:
The parties disagree on the basis to apply for payment of late finish allowance and there appears to be no clearly written agreement.
It may be possible that on occasions the allowance was paid to crews finishing after 8 p.m. rather than the 9 p.m. qualifying time the Company argues is the agreement.
Taking into account all the background to this case the Court as a means of settling the dispute recommends as below:
(1) The Company to agree to pay late finish allowance from 8 p.m. rather than 9 p.m. from 1 April 1998, subject to reaching agreement with the Union on the conditions for such payment.
(2) The two individuals involved in this claim to be paid for the late finish allowance for 1/2 the number of runs completed after 8 p. m. during the period in dispute.
Signed on behalf of the Labour Court
Finbarr Flood
26th March, 1998______________________
F.B./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.