FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WATERFORD CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Clocking in/out and weekend premium.
BACKGROUND:
2. The case concerns 4 workers who are employed by the Council as attendants in the Regional Sports Centre in Waterford City. The Council wishes the workers to clock in and out of work. At present the workers sign in a group attending the Centre but do not sign in themselves, per se. The workers are seeking compensation for the clocking in/out and they are also seeking a weekend premium. The Council does not believe that either claim warrants payment.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 18th of June, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd of October, 2003, in Waterford, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Council pays an allowance of €10.80 to City Librarians for working on Saturdays. The workers concerned should be compensated when they are required to work on weekends.
2. Some of the workers have been 20 years with the Council and have never been asked to clock in and out. The only comparison the Union can refer to is its members in the Mater Hospital.
COUNCIL'S ARGUMENTS:
4. 1. The workers concerned receive approximately €25 per week more than general operatives and this is to reflect the unsocial hours / weekend working nature of the job.
2. The Council needs some sort of system where it can record the departure times of the workers. At present, if a late booking fails to turn up the workers go home early. All other grades in the Council are required to operate attendance recording systems. The claims are cost increasing.
RECOMMENDATION:
The Court is satisfied that the City Council's requirement for the four individuals to use a clocking time recording system is reasonable and represents a minor change which should be accepted. In that regard, it is noted all other similar grades within the employment already use this system. Subject to the full acceptance of the clocking system, the Court recommends that a Sunday premium of €25 be offered together with lump sum of €1,500 in lieu of retrospection (and pro-rata to short term employees).
This offer should be in full and final settlement of both claims before the Court.
Signed on behalf of the Labour Court
Kevin Duffy
28th October, 2003______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.