FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST - AND - CWU DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Retrospective application of Allowance
BACKGROUND:
2. This case concerns a dispute between An Post and the Communiations Union (CWU) in relation to the retrospective application of an allowance, to workers employed in Dublin Mail Centres, which the Union claims was incorrectly applied from 2002 until corrected in 2007. The Union is claiming the retrospective payment of the allowance from 2002 until 2007.
Management's position is that the allowance was freeely negotiated between the parties in 2002 and was increased in 2007 on the basis of factors that prevailed at that time and reflected changes in rosters and staff numbers.
The dispute was not 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 matter was referred to Labour Court on 16th February, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 13th March, 2009.
The following is the Court's Recommendation:
RECOMMENDATION:
The matter before the Court concerns the Union’s claim for the retrospective application of an increase to the Composite Premium Allowance, on behalf of Work Area Managers in the Dublin Mails Centre. The Union maintained that the allowance had been incorrectly calculated at 19%, when the Revised Working Arrangements Agreement was entered into in 2002. It held that this miscalculation was corrected in 2007, when the agreement was reviewed and the allowance was increased to 24.5%.
Management, on the other hand, contented that the allowance was agreed as part of the freely negotiated terms of the agreement in 2002, and that the revised terms finalised in 2007 reflected changes made to staff rosters and staff numbers.
Having given careful consideration to the oral and written submissions made by both parties, the Court recommends that Work Area Managers based in the Dublin Mail Centre, between *May 2003 and 24th February 2007, should be retrospectively paid an additional 2% on the Composite Allowance already paid, therefore the Court recommends an increase in the allowance to 21% for that period, in line with that paid in the Cork Mail Centre.
The Court so recommends.
* the date when the 21% Allowance was introduced in Cork.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th May 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.