FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MUSGRAVE FONTHILL DEPOT - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Night Shift Differentials
BACKGROUND:
2. This case concerns a dispute between Musgraves (Fonthill Depot) and SIPTU in relation to a diffferential in hours worked by members of the Despatch team employed at the depot. The Union's position is that an8%differential (hours worked) exists between staff on the night shift and comparable workers on the day shift as a result of an agreement reached between the parties in 2001.
The Company's position is that susbsequent discussions in 2008 led to an agreement that all staff would work 1850 hours annually and the issue of the differential previously applicable to night staff would be dealt with separately.
The dispute regarding the differential could not be resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 5th December, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 28th January, 2009.
UNION'S ARGUMENTS:
3 1 A differential of 8% of hours worked exists between the staff on night duty and those who worked days. This differential has been eroded and compensation for those affected is fair and reasonable in the circumstances
2 Staff members who work on permanent day shifts have not worked the reserve hours (150) therefore, realistically, the agreed differential has not been adhered to.
COMPANY'S ARGUMENTS:
4 1 The Company does not accept that a differential exists between those working day and night shifts. The issue of a differential was not agreed by the Company nor was it discussed as part of the agreement concluded in 2001.
2 It was never envisaged that permanent day workers would work all the reserved hours stated in the Agreement. It is therefore inappropriate that the Union would use that issue to attempt to further reduce the working hours of those on permanent night duty.
3 As part of the 2008 proposals for a standard 1850 annualised hours, compensatory payments were offered as well as voluntary severance packages if desired.
RECOMMENDATION:
Having considered the submissions made by the parties the Court recommends the following in order to finally resolve this long running dispute between the parties;
(a) 1800 hours per annum to be worked by Night DTM's
and
(b) Lump sums as follows to each worker:
Permanent Night DTM's (Permanent nights since 2002): €4000
Permanent Night DTM's (Permanent nights since 2004): €1750
Night DTM's who transferred to days in2005/6: €1250
Signed on behalf of the Labour Court
Raymond McGee
12th March 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.