FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ISS CLEANING SERVICES (CORK) (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. Terms and conditions of staff.
BACKGROUND:
2. In August, 1997, ISS Cleaning Services took over the contract for the cleaning of Iarnrod Eireann railway carriages in Kent Station, Cork. All employees were transferred under the Transfer of Undertakings regulation. The terms, conditions and service of the employees were maintained by the Company. Currently staff are paid £5.51 per hour and have an annual leave entitlement of 20 days. The Company also took over the contract for cleaning train carriages in Houston Station, Dublin around the same time. The employees in Dublin are paid £6.50 per hour and have an annual leave entitlement of 24 days.
In August, 1998 the Union submitted a claim for improvements in the term and conditions of employment on behalf of ISS workers in Cork. The Union is seeking similar terms and conditions as those which apply to 155 staff employed in Heuston Station. The Union is also seeking the restoration of the Christmas bonus which the Union argues was discontinued without agreement. Local level discussions failed to resolve the matter and the dispute was referred to the Labour Relations Commission. A conciliation conference took place on the 16th of November, 1998. As agreement could not be reached the dispute was referred to the Labour Court on the 26th of November, 1998 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in Cork on the 3rd of March, 1999.
UNION'S ARGUMENTS:
3. 1. The hourly rate paid to staff in Cork is £5.51. The Union is claiming £6.50 per hour which applies to workers in Dublin who work permanent nights, which includes an unsocial working allowance. This should be applied with retrospection to the 13th of March, 1998 when this issue was first raised. The increase in the hourly rate is justified on the basis of the increased productivity achieved by the staff since the ISS took over the contract in Cork.
2. The workers are seeking parity with employees employed in Heuston Station who enjoy 24 days annual leave per annum, or 2 days per month for every 120 hours worked.
3. The Union is seeking that Sunday working be paid at double time under the Organisation of Working Time Act, 1997. Retrospection to be made to the 1st of March, 1998. The Union is also seeking time plus one-half for overtime worked Monday to Saturday.
4. The Company's claim that the terms and conditions of employment which apply to workers in Heuston Station are red-circled is refuted by the Union.
COMPANY'S ARGUMENTS:
4. Sunday Premium
1. Under the Transfer of Undertakings, ISS maintained all terms and conditions of employment for all employees on acquiring the contract for Kent Station, Cork, including the normal rate of pay for weekend workers.
2. The Company's permanent employees in Cork work Monday to Friday 8.00 p.m. to 4.00 a.m. Part-time employees operate the same hours on Saturday and Sunday only as part of their normal roster. Under the Working Time Act compensation for Sunday working must be paid in one of four ways. The Union's claim for double time is considered by the Company to be far too high as Sunday working is part of the worker's normal roster.
3. The cleaning of trains on Sunday is a core part of the Cleaning Contract in Cork, unlike the retail section where Sunday work is considered as "extra day" and remunerated accordingly. Sunday cleaning has always formed part of the contract at Kent Station.
Unsocial Hours Allowance
4. The Company does not pay an unsocial hours allowance. The current rate of remuneration already exceeds the JLC rates in Dublin and was substantially increased (+5%) outside of Partnership 2000 in January, 1998.
Holiday Entitlements
5. The conditions applying to existing full-time employees at Heuston Station were part of a Transfer of Undertakings. At part of this transfer holiday entitlements were 24 days annually. Future employees will receive holiday entitlements under the Working Time Act.
Manning levels/Productivity Pay
6. In Dublin 48 carriages are cleaned by 9 personnel, an average of 5.33 carriages per person. Current manning levels in Cork are 36 carriages cleaned by 5 personnel, an average of 7.2 carriages per person.
7. The requirement for more personnel in Dublin is as follows:-
(A) Trains in Cork are on the platform.
(B) In Dublin access to trains are in different locations.
(C) In Dublin when carriages are being shunted or broken up,
staff must sit down. This can result in lost time of up to half an hour.
(D) Carpet cleaning and shampooing is carried out in Dublin. This
aspect of cleaning has been stopped in Cork.
(E) In Dublin staff has the responsibility for executive and international
carriages which have bronze and wood panelling. These
carriages in particular need high profile detailed work.
Pay
8. ISS pay £6.56 to staff in Dublin who are rostered 5 out of 7 days. Personnel in Cork have been paid for working from 8.00 p.m. to 4.00 a.m., 35 hours per week since the Company took over the contract in Cork. In the period August, 1997 to June, 1999 employees in Cork were entitled to an increase of 4.75% but will receive increases of 12.35%. This is substantially outside the increases due under Partnership 2000 and the Company consider that it has already paid for any productivity pay claim.
9. The Partnership 2000 agreement prohibits cost increasing claims other than those provided for in Clause 4. The Company cannot entertain any further cost increasing claims.
10. The Company is engaged in a fixed contract with the client company and any significant increases may place the contract in a loss making situation.
RECOMMENDATION:
The Court considered the written and oral submissions made by the parties. On the issues before it the Court finds as follows:-
1.Sunday Premium
The employer accepts that the current payment arrangements have to be changed under the Working Time Act and that compensation must be paid to employees who work on Sundays.
The Court recommends that the parties should meet immediately to agree a rate for Sunday working.
2.Christmas bonus
This matter should be discussed between the parties given that it was omitted in the discussions in relation to the Transfer of Undertakings.
In relation to the other claims the Court is not satisfied that increased productivity as required under the Partnership 2000 has taken place and, therefore, does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Finbarr Flood
22nd March, 1999______________________
F.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.