FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WICKLOW COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Pay for Public Holidays.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union in relation to pay arrangements for public holidays on behalf of three of its members employed as General Operatives in the Council. It is the Union's claim that prior to the amalgamation of all Wicklow Council Districts, these Claimants received a normal days' pay plus double time payment for hours worked on public holidays. The Union is seeking the continued application of this previous arrangement to the Claimants in their current employment. The Employer rejects the Union's claim, arguing that it is not in a position to alter its current public holiday pay arrangements as it would be out of line with existing norms within the organisation and throughout the county. The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 23rd March, 2018, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th May, 2018. The following is the Recommendation of the Court:
RECOMMENDATION:
This is a claim by the Union for the retention of public holiday overtime payment arrangements for Outdoor Grade Operatives previously employed in Bray Town Council which has since 2013 been amalgamated into Wicklow Town Council.
The public holiday overtime payment arrangements which existed in Bray Town Council prior to the amalgamation were as follows:-
- A paid day on the day plus double time for the number of hours worked on the day.
The arrangement which exists in Wicklow County Council is as follows:-
- A paid day on the day plus basic pay for the number of hours worked on the day plus time-off-in-lieu for the number of hours worked on the day.
Management stated, that as part of the process leading to the abolition of Bray Town Council, it was discovered that an incorrect payment format for working on public holidays applied in Bray. Management sought to change the overtime payment system to bring it into line with that which applies in Wicklow County Council.
The Union disputed this change saying that the change had been imposed unilaterally and without consultation. It also stated that prior to December 2013 the payment system where employees were required to work overtime on a public holiday was always payment of double time for the hours worked in addition to the paid day on the day of the public holiday.
Having considered the submissions made by both sides, the Court is of the view that those employees employed in Bray Town Council prior to its amalgamation in 2013 who were in receipt of double time payments for public holiday overtime hours worked should have this method of payment “red circled” i.e. they should on a personal basis retain the right to be paid double time for the hours worked if they so wish where they are required by Management to work on a public holiday. Other employees should continue to receive paid time off in lieu in addition to basic pay for hours worked and the paid day in respect of the statutory entitlement.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st June 2018______________________
JDDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.