FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ST JAMES HOSPITAL - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Access to on call.
BACKGROUND:
2. The worker was promoted to foreman carpenter in October,1999, and sought his inclusion on the roster in line with three other foremen on-call. The dispute relates to a claim by the worker for the implementation of a thirteen year old agreement on access to on-call for the foreman carpenter, together with compensation for loss of earnings for the four years he has held the post. Three foremen work on call while four other foremen do not. The hospital rejected the claim.
This dispute was the subject of three conciliation conferences held on the 23rd of February, 2001, the 27th of April, 2001 and the 28th of May, 2001, under the auspices of the Labour Relations Commission. As no agreement could be reached, the matter was referred to the Labour Court on the 14th of June 2001. A Labour Court hearing took place on the 19th of October, 2001.
UNION'S ARGUMENTS: 3. 1. The worker is at a loss of 30 hours per month since October, 1999.
2. Since taking the post of foreman, the worker lost his previous entitlements of line rental, weekly rate for call-out, loss of hours on call-out.
3. The maintenance work is computerised and the Foremen have to enter the call out work onto a computerised system. Where carpentry work is involved computing ,inspection and servicing of the work is passed to the worker
COMPANY'S ARGUMENTS:
4. 1. The worker's contract makes no reference to payment of an on-call allowance.
2. The worker was never required to perform on-call duties.
3. The worker's contract of employment specifically states the worker's working hours will be in accordance with rosters determined by the Hospital from time to time.
RECOMMENDATION:
The Court, having considered the written and oral submissions made by the parties does not recommend concession of the Union's claim.
However, the Court recommends that this issue be dealt with as part of the wider discussions now taking place.
Signed on behalf of the Labour Court
Finbarr Flood
8th November, 2001______________________
HMCD/CCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.