FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY UNIVERSITY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Shift Premium Rates - Security Staff
BACKGROUND:
2. This case concerns a dispute between the Employer and the Union in relation to the payment of shift allowance rates. The parties are in dispute in relation to the 20% shift allowance that is payable to the SSO11 Grade. The Union contends that the shift allowance does not include any on call allowance and is seeking payment of a 20% shift allowance excluding on call. In addition, the Union is seeking that the workers covered by the claim be paid for their meal breaks and be paid an on call allowance for working through meal breaks. Management contends that the 20% shift allowance is inclusive of an on call allowance of 5%
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 the Labour Court on 15th May 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd July 2015
UNION'S ARGUMENTS:
3 1 The Union does not accept that the shift allowance of 20% is inclusive of on call.
2 The Union is also seeking that the SSO11 and Supervisor Grade working the two shift cycle be paid for meal breaks and be paid an on call allowance as they must remain on call at all times. The claim for the additional 5% on call allowance and paid meal breaks is reasonable and is in line with comparable employments
COMPANY'S ARGUMENTS:
4 1 The agreed differential between SSO11 and SSO111 Security staff is 10%. If the Unions claim is conceded it will erode the differential and will inevitably lead to knock on claims. The Union's claim is also cost increasing and is therefore precluded under the terms of the current Public Service Agreement.
2 The workers in question are already paid a shift allowance inclusive of on call allowance for being on call during meal breaks. However, Management does not accept that it should provide paid meal breaks to the workers in question.
RECOMMENDATION:
Matters relating to Meal Breaks were not contained in the references made to the Court. The Court is satisfied that the shift in issue was established in 2001 and that its introduction was the subject of discussions with the union at that time. There is no record of any formal agreement on the applicable shift rate although it seems unlikely that this matter would not have been raised at the time. That is particularly so given that the appropriate differential between the rate for SSO III grade and that for the newly established grade would have been of considerable importance in an industrial relations context.
The Court is satisfied that the rate has been established since 2001. The Court is further satisfied that the effective differential of 10% between the shift rate for those in the SSO III grade and those in the SSO II grade is appropriate having regard to the significant differences in attendance patterns as between the two grades. In these circumstances any adjustment in the rate payable to the SSO II grade would have serious consequential impact on the adequacy of the agreed rate for the SSO III grade.
In all of these circumstances the Court does not see any basis upon which the unions claim could be upheld and the Court does not recommend that it be conceded.
Signed on behalf of the Labour Court
Kevin Duffy
6th July 2015______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.