LCR23100

PARTIES:

DIVISION:

SUBJECT:

Overtime rates compared with plumbers in same organisation.

BACKGROUND:

This 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 13 November 2024 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

 A Labour Court hearing took place on 13 January 2025.

RECOMMENDATION:

The Dispute

This dispute relates to the rate at which overtime is paid to the seven electricians (‘the Workers) on whose behalf the within claim is being advanced. The Workers are employed in the Technical Services Department of St. James’s Hospital (‘the Hospital’) along with a range of other craft workers including plumbers, fitters, carpenters and painters.

The plumbers appear to have entered into a collective agreement with the Hospital over thirty years ago in relation to the rate at which they are paid overtime for call outs between 8.30 pm and 12.00 midnight. Pursuant to that agreement, the plumbers receive a minimum payment of four hours’ pay at double time for such calls. The electricians, on the other hand, are paid four hours’ pay at time and a half in the same circumstances in accordance with HSE Circular 016/2022.

The Union’s Submission

The Union submits that the Workers are being treated less favourably than their plumber colleagues in terms of their remuneration although both groups are doing the same work (albeit a different craft) between 8.30 pm and 12.00 midnight. The Union further submits that the current disparity in pay between the Workers and the plumbers “promotes a culture of dismay and discontent amongst the [Technical Services Department] craftworkers”.

The Hospital’s Submission

It is submitted on the Hospital’s behalf that it is not in a position to concede the within claim as the Workers are paid in accordance with public service pay policy and are in receipt of nationally approved overtime rates. In the Hospital’s submission, the within claim is a cost-increasing claim and contrary to Clause 5.6.1 of the Public Service Pay Agreement.

The Hospital further submits that the overtime rate paid to plumbers dates back to 1992 and has never been applied to any other group of its workers and should, therefore, be regarded as being red-circled.

The Hospital is a section 38 hospital, the Workers are paid in accordance with public sector pay policy and are within scope of the Public Service Pay Agreement.

Clause 5.6.1 of the Public Service Pay Agreement provides:

“The parties agree that no cost increasing claims for improvements in pay terms and conditions of employment will be initiated or implemented for the duration of the Agreement other than in accordance with the provisions of the Local Bargaining clause.”

Clause 4.2.6 of the Agreement states:

“Issues aimed at standardising certain terms and conditions across grades and sectors of the public service will be excluded from bargaining, including:

• overtime rates;
• weekly hours of attendance;
• annual and sick leave entitlements; and
• pension arrangements.”

The Court is of the view that the Workers' claim is contrary to Clause 5.6.1 and Clause 4.2.6 of the Agreement and should, therefore, not be conceded. The Court makes no recommendation in relation to the plumbers’ current overtime arrangements as they were not party to the within referral.

The Court so recommends.

	Signed on behalf of the Labour Court
	Alan Haugh
AL	______________________
4th February 2025	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Amy Leonard, Court Secretary.