FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SECURICOR OMEGA EXPRESS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Payment for unsocial hours and payment for loss of overtime earnings.
BACKGROUND:
2. The Company is engaged in the collection and delivery of parcels on a nationwide and international basis. It employs three hundred and eighty staff at eight locations throughout the country.
The Union's claim is on behalf of members employed at the Company's Cork depot.
In September, 2001, the Company changed the start time of four staff employed as loaders from 6.00a.m. to 3.00a.m. In September, 2002, due to the installation of a mechanical handler the start time was changed back to 6.00a.m.
The Union is claiming an unsocial hours payment for the four loaders and compensation for eight drivers who it maintains suffered a loss of overtime earnings due to the change in hours of work.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 30th of October, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 26th of February, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The workers concerned are a patient and loyal workforce and have continued to co-operate with the employer.
2. The proposal to change the start time for loaders from 6.00 a.m. to 3.00 a.m. was agreed under the clear understanding that it was to be a pilot scheme.
3. The drivers had, as part of their working arrangement, to commence work each morning at 6.00 a.m. to 7.00 a.m. as pre-start overtime, and 4 drivers were also employed each Saturday morning for 4 hours.
4. Resulting from the change in the hours of work the four loaders concerned should receive an unsocial hours payment from September, 2001 to August, 2002, and the eight drivers concerned should receive compensation for loss of overtime earnings.
COMPANY'S ARGUMENTS:
4. 1. The business requires full flexibility of employees who are recruited and remunerated on this basis.
2. The change in the hours of work was implemented with agreement.
3. Following an agreement concluded in 1996, an unsocial hours premium is incorporated in the basic rate of pay for each employee concerned.
4. The claim is cost increasing and precluded under the terms of the Programme for Prosperity and Fairness.
RECOMMENDATION:
The Court has considered all aspects of the two claims concerning loaders and drivers. The Court notes that, due to the introduction of a mechanical handling system in the Cork depot, a number of operational changes took place which necessitated a change in the hours of work.
As a result of these changes, the Union maintains that drivers sustained a loss of overtime earnings and is, therefore, seeking compensation. The Court recommends that the loss of earnings associated with the introduction of the mechanical handling system - i.e. the 6.00 a.m. to 7.00 a.m. early start - should be identified, based on the average overtime earnings in the previous three years. When this loss is quantified for each individual, the Court recommends that the Company should pay compensation based on two years the annual loss.
The Court is of the view that the claim on behalf of the loaders is not a sustainable claim and, accordingly, rejects this claim.
The Court notes that the offer of the introduction of a Performance Related Pay system is still open. The Court recommends that this offer should be reconsidered by the Union.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th March, 2003______________________
GB/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.