FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTHERN HEALTH BOARD - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Acting up allowance.
BACKGROUND:
2. The dispute concerns a claim by the Union for an acting-up allowance on behalf of electricians employed at Cork University Hospital. The Union is seeking the payment of 20% premium for carrying Bleep 133 outside of normal shift times when the foreman electrician is not in attendance at work. The foreperson has a bleep for communicative purposes.
Management rejected the Union's claim. It stated that the job description outlines the requirement for all electricians to carry a bleep if the need arises.
As agreement was not possible the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 18th of January, 2000. On the 21st March, 2000 the conciliation officer put forward proposals to resolve the dispute which was accepted by both sides. A further conciliation conference was held on the 6th of November, 2002, but no agreement was reached. The dispute was referred to the Labour Court on the 22nd of January, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 4th of September, 2002 (the earliest date suitable to the parties).
UNION'S ARGUMENTS:
3. 1. The allowance should be extended to shift time when the electrician is also required to carry the bleep.
2. All other trades in the maintenance department at Cork University Hospital get the 20% allowance when their respective foreperson is not in attendance.
3. When the foreman finishes at 4pm the electrician who ends up taking over his responsibilities by carrying the bleep is not paid any additional monies associated with this duty.
4. The electricians work a sixty hour per week shift. The foreman works thirty-nine hours. The 20% additional premium for carrying out the foreman's duties in his absence should be applied to the remaining twenty-one hours.
MANAGEMENT'S ARGUMENTS:
4. 1. Management is satisfied that the bleep protocol clearly sets out what is expected of an electrician who is carrying a bleep in the absence of the foreman.
2. When the foreman is on annual leave, sick leave and other identifiable breaks, the appropriate acting-up allowance is paid to those who act-up in the foreman's position.
3. Management has no requirement for a foreman electrician on each shift.
4. The only requirement of an electrician is to answer calls which are received on the bleep. This person is not expected to carry out the full range of duties and functions normally performed by the foreman.
RECOMMENDATION:
It was brought to the Court's attention that the Industrial Relations Officer's proposal (21st March 2000) which was accepted by both sides confers a higher responsibility on an electrician when he is in possession of Bleep 133. The Court is of the view that when in possession of Bleep 133 the electrician becomes the first contact person and takes on responsibilities more akin to a leadhand than a foreman.
The Union are of the view that the Industrial Relation's Officer's proposal entitles the electrician to the 20% allowance whenever the foreman is not present regardless of whether he is on leave or not rostered to work. However, the Court does not accept this interpretation. The proposal clearly states that the allowance is paid " when the electrical foreperson is missing his normal shift ". Therefore, the Court interprets this to mean that the 20% allowance is paid when the foreman is absent from his normal duties due to leave arrangements. In such circumstances the Court is satisfied that the electrician assumes the full responsibilities of the absent foreman, as opposed to the electrician assuming the limited duties associated with carrying Bleep 133 outside of normal shift times.
Having considered the submissions of both sides the Court is of the view that the extension of the 20% bleep carrying allowance is not appropriate when there is no rostered foreman on shift.
However, the Court considers it reasonable that all electricians working across the site should carry a bleep while on duty. In this context, the Court recommends that the parties should agree a value to be paid to the designated electrician carrying Bleep 133 in those circumstances when a foreman is not rostered on shift and in the context of all other electricians carrying a bleep.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th September, 2002______________________
LW/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.