FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ICTS SHANNON AIRPORT (REPRESENTED BY PENINSULA BUSINESS SERVICES (IRL) LTD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Hall |
1. Breach of Agreement in relation to unsocial hours allowance and Sunday premium.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union in relation to the Employer's alleged breach of a Company/Union agreement. It is the Union's claim that the Employer has breached the agreement in relation to payment of an unsocial hours allowance and Sunday working premium.
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 13th August, 2018, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd January, 2019. The following is the Recommendation of the Court:
RECOMMENDATION:
The dispute before the Court relates to the Union’s claim on behalf of six employees transferred under S.I. No. 131/2003 - European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 to ICTS Limited from OCS Limited.
The Union claimed that management had breached an Agreement dated 20thMay 2015, (hereinafter referred to as “the 2015 Agreement”)reached between ICTS and the transferred staff who are operating duties as PRM (passengers with restricted mobility) employees at Shannon Airport. It submitted that management had failed to implement section 8 of the Agreement relating to payment of unsocial hours and Sunday premium, which it had agreed would be paid to the transferred employees in accordance with the ICTS Registered Employment Agreement, (hereinafter referred to as “the 2009 Collective Agreement”). In return for the 2015 Agreement the Claimants agreed to changes in their terms and conditions of employment which they had retained post transfer, i.e. changes to their rostered working hours, change to public holiday payment and to annual leave entitlements. The Union stated that other ICTS employees not involved in security duties receive the unsocial hours and Sunday premium payments.
At the hearing before the Court, the Company accepted that the Claimants were entitled to the Sunday Premium, and accordingly conceded that aspect of the Union’s claim.
The Company stated that the Claimants did not come within the scope of the 2009 Collective Agreement, consequently only security personnel were entitled to an unsocial allowance. It stated that there was no requirement for any employee to be solely allocated to PRM duties. The Company said that their client, Shannon Airport, requires it to provide bundled services consisting of PRM, trolleys, left luggage and lost property.
Having considered the submissions of both parties, the Court notes that there is no dispute that the 2015 Agreement provides for cross utilisation of duties. The Claimants were trained to undertake security duties. The Union confirmed to the Court that the Claimants accepted the cross utilisation as specified in the 2015 Agreement and were prepared to carry out the range of duties included therein.
The Court notes that the 2009 Collective Agreement provides an unsocial hours’ premium to those covered by the Agreement who work at least three hours between 9pm and 7am, therefore, as the Claimants fulfil the conditions precedent for an unsocial hours premium, and as the 2015 Agreement entitled them to move to ICTS terms and conditions, the Court is of the view that they should similarly be paid that premium.
Accordingly, the Court finds in favour of the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th February 2019______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.