FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : INSTITUTE OF TECHNOLOGY SLIGO (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - UNITE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Payment of unsocial hours for porters.
BACKGROUND:
2. The Workers concerned were employed in 2006 as porters by Sligo Institute of Technology. The duties carried out by the Workers were originally carried out by two caretakers, which is a higher grade of general operative.
In 2004 an agreement was reached between SIPTU and the caretakers that following their retirement the duties would be carried out by two porters, a lower grade of General Operative. The two Workers concerned were subsequently appointed.
The claim before the Court is made by UNITE the Union on behalf of the two Porters who work on regular rosters from 8.30 am to 5.30 pm and from 12.45 pm to 9.15 pm. The claim is for the payment of an allowance to reflect the unsocial hours involved in the rosters which requires them to work a rotating roster up to 9.15 pm as part of their normal working hours. The claim is for an allowance of 16.6% to be paid in compensation for this unsocial hours working.
The Institute's HR Department, in a letter dated 12th July, 2007 to the Union stated that where Institute of Technology shift premia were paid the span of hours worked was 14 hours or greater. As the span worked in Sligo is 12.75 hours it does not constitute a shift.
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 5th March, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th May, 2008.
UNION'S ARGUMENTS:
3. 1. The normal roster worked by the Claimants requires them to work outside of what are the normal working hours for full-time Attendant/Porter grades in the Institutes of Technology. The standard working arrangement for General Operative grades provide for the payment of a 16.66% shift allowance when the appropriate conditions apply.
2. The Union maintains that having to rotate evenings and days every week is an additional and more onerous requirement than applies to Attendants/Porters who work a normal day.
3. The Union contends that Management's refusal to pay a shift premium because the roster does not cover a 14-hour span is a dilemma which has been devised by the Institute of Technology Sligo to avoid implementing a fair rate of pay for employees who are providing a necessary and valuable service.
MANAGEMENT'S ARGUMENTS:
4. 1. The position of Porters in the Institute of Technology, Sligo were newly created positions with terms and conditions fully agreed with the entire cleaning staff (from whom portering staff were drawn) and with SIPTU.
2. The span of hours is less than 14 hours and therefore does not carry a shift premium as per Department of Education circular F21/86 on 'Rationalisation of rates of pay of Caretakers and Attendants in Vocational Education Committees other than those in the Dublin area and Cork City.'
3. No other staff are paid a premium for working evenings.
RECOMMENDATION:
The Union submitted a claim for unsocial hours payment for two Porters working Monday - Thursday from 8.30am to 4.30pm and 12.45pm to 9.15pm and on Fridays from 8.30am to 5.00pm, during term.
Management rejected the claim on the basis that unsocial hours payments are normally paid in the Institute of Technology sector when workers operate a shift system, spanning over 14 hours or greater.
At conciliation Management offered to pay a premium of Time + 1 ½ % for all hours worked after 6.00pm, as part of the normal roster. This offer was put forward on the basis that this level of premium is paid in Limerick Institute of Technology where caretakers work from 8.00am to 10.00pm, with no one individual working the full span of hours. The Union rejected the offer.
Having considered the submissions of both parties and having examined the level of payment in similar Institutes, the Court recommends that the precedent offered to the Court for the arrangement, which operates in Limerick Institute of Technology, should apply in the Sligo Institute of Technology. Consequently, the Court does not recommend in favour of the Union's claim however, the offer made at conciliation should be resubmitted for further consideration by the Union.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd June, 2008______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.