FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY UNIVERSITY (REPRESENTED BY IBEC) - AND - UNITE DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. Claim for payment of shift allowance to Porters.
BACKGROUND:
2. The case before the Court concerns a dispute between the Union and the Employer in relation to the Union's claim for a shift allowance on behalf of two of its members currently employed as Porters in Dublin City University.The dispute could not be resolved at local level and was the subject of a Conciliation Conference held under the auspices of the Workplace Relations Commission. The dispute was referred to the Labour Court on the 7th December, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th February, 2016.
UNION'S ARGUMENTS:
3. 1. The Employer is acting in breach of an agreement reached between the parties previously under the auspices of the Workplace Relations Commission.
2. The Union contends that the Employer should honour the agreement and concede its claim to pay a shift allowance to the Claimants.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer asserts that the level of pay and shift patterns associated with this grade are determined by the Department of Education and Skills.
2. The Employer maintains that it is not in a position to concede the Union's cost-increasing claim.
RECOMMENDATION:
Background to the Dispute
This dispute concerns a claim in respect of a 20% shift allowance (comprising a 15% shift allowance and a 5% on-call allowance) for two Porters employed at St. Patrick’s College Drumcondra since 2003 and 2009 respectively. This college became part of DCU on 1 October 2016 and, consequent on a transfer of undertakings, the Workers’ employment transferred to the Respondent with effect from that date. The Workers are now seeking to work a similar shift pattern to that which their counterparts employed by DCU have worked for many years and to be placed on the appropriate pay scale. The dispute predates the transfer of undertakings and, therefore, does not come within the scope of SI 131 of 2003.
Recommendation
Having considered the parties’ written and oral submissions, the Court recommends that the Workers be placed on the appropriate point(s) of the Respondent’s GSO II Scale which is inclusive of the 20% shift allowance referred to above, having regard to their respective lengths of service, with effect from 1 October 2016. Accordingly, the Workers should be rostered, as soon as practicable following the date of this Recommendation, in accordance with the established GSO II shift pattern.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
22nd March 2017______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.