FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WATERWAYS IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Changes In Work-Practices, Sunday Premium
BACKGROUND:
2. This case concerns a dispute between Waterways Ireland and SIPTU in relation to proposed work changes. Management's position is that the Lockkeepers are no longer required to work Sundays (during low season) and it is seeking to have the required 39 hours work per week carried out from Monday to Saturday. The Union rejects Management's proposal on the basis that Sunday work is part of the normal working week and is paid for at a rate of double time. These premium earnings are reckonable for pension purposes and if removed will greatly reduce the workers earnings and future pension payments.
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 23rd October 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 12th February 2015
UNIONS ARGUMENT:
3 1 The Union does not accept Management's proposals. The Lockkeepers, if carrying out their weekly working hours from Monday to Saturday, will inevitably be required to carry out work that is not appropriate to the Lock keeper grade. In terms of earnings and pension reductions Management's offer of compensation at 1.5 times the annual loss is not acceptable. The Union contends that Management's proposals are in breach of Clause 1.13 of the Haddington Road Agreement and that the worker's current level of earnings be red circled.
MANAGEMENT'S ARGUMENT:
4 1There is no longer a requirement for Lockkeepers to work on Sundays during low season due to minimal traffic on the waterways. It is also a requirement that cost saving measures are put in place to reduce the current level of deficits within the organisation. Management's proposal is reasonable in the circumstances and the appropriate compensation for the incurred losses has been offered to the workers.
RECOMMENDATION:
The issue before the Court on behalf of 19 Lockkeepers concerns the Company’s proposed changes to Sunday working, whereby there will no longer be a requirement to work on Sundays in the low season and Sunday working in the high season will be restricted to an eight hour day. The Union disputed the proposed changes due to the consequential loss of earnings which would ensue. The Union stated that the Claimants were not prepared to accept the proposed changes as Sunday premium earnings were part of core pay and were cognisable for pension purposes.
Management informed that Court that due to its difficult financial circumstances which in the main were due to funding cut backs, it was obliged to implement extensive cost cutting measures. It was actively engaged with the Union in discussions and negotiations under the auspices of the Labour Relations Commission on these measures.
Having considered the submissions of both parties the Court notes that this issue forms part of the extensive discussions and negotiations on revised working arrangements for Lockkeepers, designed to achieve necessary cost savings. The Court notes that the issue of the losses sustained due to the proposed changes to Sunday working has presented an obstacle to concluding those discussions and reaching agreement on proposed cost saving measures.
The Court recommends that the parties should continue with these discussions and negotiations and that the issue which is before the Court should be “parked” pending further negotiations on the remaining outstanding issues. The issue of the proposed changes to Sunday working should be revisited in the context of an overall agreement on all matters regarding revised working arrangements for Lockkeepers.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th March 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.