FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : OFFICE OF PUBLIC WORKS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Premium payment for Public Holidays
BACKGROUND:
2. The dispute concerns the method of premium payment for Public Holidays for Constables (4 Units totalling approximately 56 workers) who operate a 24-hour shift at Farmleigh Estate, Dublin Castle and Marlborough Street. At present the premium payment is time plus double time for the actual hours worked. The shift is divided into two sections, 7.00 a.m - 7.00 p.m. and 7.00 p.m. - 7.00 a.m. Currently staff working on a public holiday falling on a Tuesday, Thursday or Saturday will get a premium payment for that portion of the shift that falls on the holiday itself, e.g. a Constable (Unit D) starting a shift at 7.00 p.m on a Monday before a Public Holiday will receive 5 hours at regular pay and 7 hours premium payment from midnight - 7.00 a.m. on the Tuesday. The next Constable (Unit A) will receive a full 12-hours premium payment from 7.00 a.m. - 7.00 p.m. on the Tuesday. The Constable following that (Unit C) will receive 5 hours premium payment - 7.00 p.m. - midnight on Tuesday and 7 hours regular pay for midnight to 7.00 a.m. Wednesday morning. The Union maintains that there is an anomaly because the shift changes on a Tuesday and 3 Units are involved.. If the public holiday were on a Monday there would only be two Units involved with one Unit doing a 7-hour and a 5-hour shift and the second Unit doing a 12-hour shift in the middle. A second anomaly is that Constables who are not rostered to work on a Public Holiday receives 12 hours' pay. The Union is proposing that only Constables whose shift begins on a public Holiday will be paid a premium and they will receive premium pay for the entire shift.
UNION'S ARGUMENTS:
3. 1. The system proposed by the Union is already the norm in other sections of the Public Service where a 24-hour shift is operated.
2. Under the present system a Constable who begins a shift at 7.00 p.m. on the evening before a Public Holiday receives less than a Constable who is not rostered to work at all on the Public Holiday.
3. The cost that management would incur as a result of the change would be minimal; in the next 10 years this situation will only arise 12 times. The Union would be prepared to have the situation "red circled" so as to eliminate any knock-on claims.
OPW'S ARGUMENTS:
4. 1. The Union's claim is contrary to Section 1 of the Second Schedule of the Organisation of Working Time Act, 1997, (the Act). To concede it would compromise the existing system which applies to a range of other OPW staff who are rostered to work on a Public Holiday. It would involve premium payments for hours worked outside of the Public Holiday proper.
2. The payment system to the Constables is very favourable, e.g. Constables who are rostered off on a Public Holiday receive 12 hours' pay which equates to 33% of their 39-hours weekly wage. Their 9.00 a.m. - 5.00 p.m. colleagues receive a paid day off equal to 20% of the 39-hours weekly wage.
RECOMMENDATION:
The Court notes that the disputes arrangements are, in effect, agreed between the parties and are of long standing. The Court does not accept that a sustainable case exists as to why they should be changed at this time.
Accordingly, the Court does not recommend concession of the Union's claim.
The Court notes that the Union's principal concern relates to a perceived anomaly between the treatment, under the arrangement, of staff rostered to work on part of a public holiday and those rostered off on the day. The parties could usefully consider if alternative arrangements can be put in place which can ameliorated.
Signed on behalf of the Labour Court
Kevin Duffy
27th August, 2010______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.