FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL CAR TESTING SERVICE (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRL.) LTD) - AND - A.G.E.M.O. TRADE GROUP DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Pay for loss of 4 minutes per day.
BACKGROUND:
2. The Company which provides a vehicle testing service in accordance with Government requirements / EU Regulations commenced operations in 2000 and operates forty four centres throughout the country.
The dispute before the Court concerns a claim by the Union on behalf of 15 members at the Northpoint Centre, Ballymun, for payment for 4 minutes per day for work accumulated between May 2001 and. June 2008 when the Company adjusted the clock-in start time to 7.55am which is 5 minutes in advance of vehicle scheduled work at 8.00am. Management rejected the claim on the basis that the Vehicle Inspectors enjoyed the 4 minute benefit at the end of the working day for the period in question.
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 3rd December, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th February, 2009.
UNION'S ARGUMENTS:
3. 1.The Union contends that Management's statement that 10 minutes was given at the end of the day is completely inaccurate.
2. The working week was calculated at 39 hours. The Union maintains that if the calculation was done from 8.04, asthe Company contends, it would mean the working week would be 38 hrs 40 mins which is not the case.
3.The Union maintains that over the 7 year period members in Northpoint 1 have lost 117 hours per man while members at Northpoint 2, over a 5 year period, have lost 83 hours in the time they were employed.
COMPANY'S ARGUMENTS:
4. 1. The Company stated that at an early stage it identified that the recording systems were recording time in excess of working time and therefore had to be adapted to ensure that working time only was captured.
2. The Manager at Northpoint chose to give 10 minutes to Inspectors who overran their scheduled time. The Inspectors benefited from the full 10 minutes credited time when they ran over their scheduled finishing time.
3. The Company stated that Northpoint centre had always started people at 07.59 and did not have the practice where people were allowed the credit of recording time before 07.59 in the morning.
RECOMMENDATION:
The Court notes that the dispute concerning the officially recorded start time has now been resolved. The outstanding issue relates to the period prior to this correction being put in place.
Given the passage of time since the change was put in place it is by no means clear what the practical affect of disputed recording arrangements were. It appears, however, that the arrangement in the centre concerned was different than that applied in the generality of the Company's centres elsewhere. On this basis the Court is satisfied that there is some substance in the Union's complaint.
Having regard to all the circumstances of the case the Court recommends that the dispute be resolved by the Company offering and the Union accepting a once-off allocation of four additional days leave to current employees affected. The additional leave should be allocated in the current leave year at a time determined by Management. This should be in full and final settlement of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
10th February, 2009______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.