FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ABBEY THEATRE - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Craft Workers Parallel Benchmarking
BACKGROUND:
2. The case before the Court concerns 6 Craft Workers (Carpenters) employed by the Abbey Theatre. In January 2004 the Union sought to have the first phase of the Benchmarking award, which became due for payment on 1st December 2001, applied to its members. Following discussions on the application of the first phase, the payment of back monies and payment of subsequent phases of Benchmarking, the company outlined its proposals with relation to flexibility and changes to work practices prior to the increases being paid.
The outstanding issues that remain in dispute are as follows:
Get-Ins for visiting companies
Weekend working - Overtime during lunch breaks
Travel Payments
The dispute could not be resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 22nd October, 2004 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th January 2005, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The payments of "get in" payments, overtime while on lunch breaks at weekends and travel allowance have all been long established. The alteration or removal of these payments would result in a diminution of members terms and conditions which would be unacceptable to the Union.
COMPANY'S ARGUMENTS:
4. 1. As regards "get-in" payments for visiting theatre companies, the practise has been that carpenters who have not been involved in the carrying in of equipment have still claimed and been paid extra remuneration known as a "get-in" payment. This is unsustainable and it proposed that this payment should only apply to workers who are actually involved in the process.
2. The practise of paying overtime on weekends to workers while they are on their lunch break will also be discontinued. It is stated in the current house agreement that overtime rates will only apply in relation to hours worked. In an effort to resolve the dispute, the company suggested that this issue be set aside.
3. The payment of a weekly travel allowance was introduced as a temporary measure to facilitate staff during a temporary relocation of the workshop. This practise has continued despite the fact that the reasons for its introduction, no longer apply.It is proposed to replace this allowance with the provision of a pre-paid bus ticket.
RECOMMENDATION:
The Court notes that there is an established pay relationship between those asociated with this claim and craft workers employed by the Dublin Local Authorities.
Nothwithstanding the current financial difficulties of the Theatre, the Court believes
that in the interest of orderly industrial relations, that pay relationship should be maintained.
In that regard the Court recommends that the tool allowance agreement recently concluded in respect of craft workers employed by those local authorities should be applied to the claimants in this case.
With respect to the other issues the Court notes that agreement has been reached on the items referred to at points 1 to 5 of the employers submission to the Court.
Agreement has not been reached on:
- Get-Ins for visiting companies
- Weekend working - Overtime during lunch breaks
- Travel Payments (€26 per week)
With regard to weekend working it is noted that the employer previously indicated a willingness not to pursue this item in the context of an overall settlement.
The Court recommends that the Union should accept the employer's proposal with regard to payment for Get-Ins for visiting companies. Having regard to the length of time over which the conditions in question have been established, the employer should agree not to pursue its proposal with regard to weekend working and travel payments.
Signed on behalf of the Labour Court
Kevin Duffy
17th February 2005______________________
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.