FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UPC IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - 50 TECHNICIANS (REPRESENTED BY UNITE SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Field operation / on-call arrangements
BACKGROUND:
2. UPC is the parent company of Chorus NTL and is the European division of Liberty Global Inc., the worlds' leading international cable operator which brings television, broadband internet and telephone services to its customers. In Ireland the Company employes 820 people directly and a further 300 additional people are employed by third party companies who provide services to UPC. Discussions have been on-going between the Unions and Management since 2007 regarding 4 issues including payment for stand-by for on-call arrangements for the 50 field personnel. Payment for public holidays and daily allowances, the number of Technicians required to be on call per area and the frequency of the on-call rota and the cover for absences. Both parties have put forward proposals but the other side have always found the plans to be in some way flawed and therefore unacceptable, agreement could not be reached.
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 18th May, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 13th August, 2009.
UNION'S ARGUMENTS
3. 1. Changing from the current 1 in 10 to a 1 in 5 rota frequency would have a huge impact on lifestyle and would affect family life of the technical staff many of whom have young families.If a Technician is absent due to illness, on return to work he could be required to work 2 on-call weeks in a 5 week period.
2. The stand-by allowance that is on offer is totally inadequate when one considers that the Company has gone from maintaining a network of 13 analogue channels to maintaining Digital TV, Broadband and telephone.
COMPANY'S ARGUMENTS
4. 1. The Company cannot work a one week in six rota as proposed by the Union as to do so would require all the resources to be available for all of the time.
2. The cover for absences will be provided on a self cover basis for a reasonable period, an alternative system will be put in place for long term absences.
3. Remuneration for both on call and Public holiday are to be increased to ensure that sufficient resources are available to support the service during the normal working week.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court recommends as follows:-
Frequency of Rota:
The Court recommends that a one in six rota should be agreed and adopted by the parties as the way forward for on-call.
On-Call Allowance:
The Company's proposal of 18th February 2009 should be accepted and implemented in regard to Monday to Saturday working. In regard to Sundays and Public Holidays on-call the rate should also be €35.70, but all overtime should be paid at double time.
Public Holidays:
Workers should have the option of accepting the above overtime payment or having a day off in lieu as provided for by custom and practice and in Section 21 of the Organisation of Working Time Act, 1997.
Signed on behalf of the Labour Court
Raymond McGee
8th October, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.