FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CHUBB IRELAND LIMITED - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. On-call/call-out allowance, Meal allowance.
BACKGROUND:
2. Chubb Ireland Limited is a global leader in security services and is currently employing in excess of 1,200 employees at various locations throughout the country. This dispute refers to the Fire Division in Munster and involves up to 30 Service Engineers.
The Union is seeking harmonisation of the on-call/call-out allowance and meal allowance across all areas in which the Company operates as historically there exist differences in the rates applicable.
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 12th September, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd January, 2008.
UNION'S ARGUMENTS:
3. 1. Once the Engineer is outside of the Service Office at which he is based and not in a position to return for a meal break the proposed new enhanced meal allowance rates should apply. The 50-mile radius rule for the lunch allowance should be withdrawn forthwith.
2. On-call and call-out allowance parity between Dublin-based Engineers and those based in Munster should apply.
COMPANY'S ARGUMENTS:
4. 1. The increases to the allowances proposed by the Union would have a negative impact on the business and affect its competitive ability.
2. The Company's solution as set out in its submission is the maximum allowable within budgetary constraints.
RECOMMENDATION:
The Court recommends that the Employer's offer, as set out in its Submission to the Court, should be accepted subject to the following modifications:-
- The on-call allowance should be €150 per week to be phased in over 24 months. Indexation (if any) should be in line with the arrangement in Dublin.
- Overnight allowance should remain unchanged.
- The lunch allowance should be in the amount proposed by the Employer (€7.50, receipted, indexed to changes in the NJIC rate). However, the qualifying radius should be reduced to 20 miles.
- The dinner allowance proposed by the Employer should be accepted (€20, receipted, indexed to movement in the NJIC rate).
- All of the above to take effect from the date of this Recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
5th February, 2008.______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.