FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRANSROUTE TUNNEL OPERATIONS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. (A) Shift pay (B) Overtime (C) Paid breaks (D) Dates of T2016.
BACKGROUND:
2. Transroute Tunnel Operations (TTO) operates and maintains the Dublin Port Tunnel on behalf of the National Roads Authority (NRA) after the Company successfully bid by public tender for the 60 month duration contract. The Union represents 65 of the total staff of 80 in its negotiations for agreed and improved rates of pay and conditions for Toll Supervisors, Toll Collectors, Patrollers and Duty Officers..
The dispute could not be resolved at local level and was the subject of two 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 18th March, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd May, 2008.
UNION'S ARGUMENTS:
3. 1. The 15% shift allowance was never included in the Workers gross annualised pay rates. In order to bring the shift rates in-line with comparable Company rates 15% should be added on to the basic gross rate for all Employees, 20% added for those who work the 19.00 to 24.00 shift and 33.3% added for those who work the 24.00 to 07.00 shift. There should also be an agreed Sunday premium rate, both for rostered and for non-rostered work time.2. The introduction of the appropriate rate of overtime, i.e. time and a half for the first 4 hours worked over 37.5 hours and double time thereafter. Paid breaks must also be introduced as per industry norm, the introduction of a sick pay scheme of six weeks pay in any calendar year and full payment of the terms of T2016.
COMPANY'S ARGUMENTS
4. 1. The Company is a Toll Operator and therefore only collects tolls on behalf of the NRA it does not accrue any toll revenue itself, this is a unique contract as all other so called comparable companies collect tolls and only pay a certain percentage of it to the NRA. Thus they can enjoy a far greater degree of flexibility regarding pay rates from the resulting cash flow.2. The Company is only 2 years into a 5 year contract and therefore can not be expected to be in such a strong financial position so as to be able to afford to compete on comparable terms and conditions with the other longer established companies.
RECOMMENDATION:
The Court, having considered the submissions made to it by the parties, recommends as follows:-
1.Shift Rate:
The rate of pay should in the first instance have been clearly expressed in terms of "basic pay shift pay + allowances / premia".
The rate ( €11.23 for toll collector and pro rata for other grades ) should be subject to a shift premium of 20% between the hours of 19.00 and 24.00 and of 33.3% between 24.00 - 07.00.
2.Overtime:
Should be paid on the basis of Time plus ½ for the first 4 hours and double time thereafter, in excess of 37.5 hours per week.
3.Breaks:
All breaks within the working week should be paid for (i.e. within the average of 37.5 hours p.w.)
4.Sunday Premium:
Should be paid at the rate of Time + ½ if rostered and double time if not. There should be retrospection on claims 2 to 4 back to 1st February, 2008.
5.Sick Pay:
There should be a sick pay scheme on the basis proposed by the Company in December 2007.
6.National Agreement:
The current Agreement should be deemed to have effectively begun on 1st December, 2006, and should end on 31st January, 2009. The Court notes the willingness of the Company to pay an annual composite increase which will mirror the levels of pay increases provided for in National Agreements.
Signed on behalf of the Labour Court
Raymond McGee
6th June, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.