FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CAVAN COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Elimination of embedded overtime
BACKGROUND:
2. This dispute arose from the Councils decision to cease the payment of embedded overtime to a number of individual / groups of Workers. The Workers affected are predominately outdoor Workers in the roads and water services. They hold various positions eg. caretakers, drivers, crew plant drivers etc. The Council restructured its Engineering areas from six to four. The elimination of embedded overtime was discussed locally and the payments ceased at the end of June 2012. The Union issued notice of industrial action saying the payments were protected under the Public Service Agreement. This 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 12th July, 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th August, 2012.
UNION'S ARGUMENTS:
3 1 These payments have been in place for the past twenty five to thirty years.
2 The payments are part of established income for the Workers and non-payment would have a direct impact on their personal financial commitments.
3 The payments are allowances and should be treated as allowance payments that are part of the National review.
COMPANY'S ARGUMENTS:
4 1 In line with the Public Service Agreement the Council have set about eliminating work practices that are deemed unnecessary .
2 Overtime payments are not part of core pay
3. These overtime payments are local payments and are notallowance payments that are part of the National review
RECOMMENDATION:
- It is clear to the Court that while the payments in issue in this case are expressed as overtime they are in reality allowances paid for the performance of certain duties.
The continuation of all allowances in the Public Sector generally is the subject of a review ordered by the Government. The Court was told that the outcome of that review is to be published shortly.
The Court recommends that the question of the continuation of the allowances in issue in this case be considered by the parties in light of the outcome of this review and any agreement entered into between Public Sector Employers and Public Sector Unions on foot of that review.
Signed on behalf of the Labour Court
Kevin Duffy
28th August 2012______________________
CRChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.