FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Overtime Premium Rates
BACKGROUND:
2. In 2003, the Union was advised of the Council's serious financial situation. As part of cost saving measures the Council advised that paid overtime would be discontinued. The Union claim they reluctantly accepted the cost saving measures for the year 2003 only. In December, 2004 the Union met with the Council over concerns about certain staff receiving requests to do overtime and not being offered the nationally agreed overtime rates of pay. Instead they were only being offered time in lieu on an hour for hour basis. The Council maintain that budgetary cutbacks continue and that staff are not required to work any extra hours in any area. If extra hours are worked, time off in lieu is granted.
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 4th December, 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th May, 2007.
UNION'S ARGUMENTS:
3. 1 It is a feature of the nationally agreed Overtime Scheme, negotiated by the Unions and the Department of the Environment, that when staff are requested to work beyond their normal daily hours they are given an option of the agreed premium rates or time off in lieu on an hour for hour basis. The Council is in breach of the agreement by only offering time off in lieu.
2 The Union only agreed to the restriction on overtime in 2003 and 2004 due to the Council's difficult financial situation. The Union is now of the view that the Council has since exploited the co-operation shown by the Union and its members at that time.
3 The agreed Overtime Scheme continues to be applied in all other Local Authorities.
COMPANY'S ARGUMENTS:
4. 1 The financial position of the Council remains very serious. The Council is not in a position to restore overtime for the office staff for the foreseeable future.
2 Any staff that carry out any extra hours will be granted time in lieu on an hour for hour basis. It would be totally counter productive for the Council to grant time off at a premium, particularly at a time where the recruitment embargo regarding new posts pertains.
3 The Council is in the process of rolling out a new system for dealing with time and attendance and flexitime. So far it has received positive feedback.
RECOMMENDATION:
It is clear that a national agreement exists concerning the payment of overtime in Local Authorities generally. That agreement is applicable to Cork County Council just as it is to every other Local Authority in the State. There is no basis upon which the Court could do other than recommend that the County Council adhere to the terms of the agreement.
Accordingly the Court recommends that the Union's claim be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
28th May,2008______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.