FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1); INDUSTRIAL RELATIONS ACT; 1990 PARTIES : KILKENNY COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Payment For On-All/Out Of Hours Service
BACKGROUND:
2. The issue before the Court concerns a claim by the Union on behalf of its members for an on-call/Out of hours service allowance. The workers concerned are employed at a cemetary that arranges for burials on both Saturdays and Sundays. It is the Union's case that its members are required to take phone calls from Undertakers out of hours on a daily basis and work weekends to provide a burial service. Weekend work is not assigned. The Employer's position is that the matter of payment for the provision of services at weekends and public holidays has been dealt with previously by a Rights Commmissioner.
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 could not be reached the matter was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 9th November, 2010.
UNION'S ARGUMENTS:
3. 1 There is an expectation that the workers concerned make themselves available every weekend for work. Though weekend work is not assigned, it is part and parcel of the job and requires the staggering of annual leave.
2 The Council has delayed in dealing with this claim by making no offers and by threatening to out source the work.
COMPANY'S ARGUMENTS:
4. 1 The Council does not require workers to be available out of hours, apart from where there is a requirement to arrange burials on Saturdays, Sundays and public holidays. The workers are paid a minimum of 6 hours per day when required to provide these services at weekends and public holidays.
2 It is the Coucils view that this claim now falls under the terms of the current Public Service Agreement 2010-2014 and is clearly precluded under that agreement as a cost increasing claim.
RECOMMENDATION:
In all the circumstances of this case the Court does not recommend concession of the Union's claim.
The Court notes that the Council acknowledged that some administrative arrangements around weekend working are deficient and gave the Court an undertaking to address these.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th December, 2010______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.