Labour Court Database __________________________________________________________________________________ File Number: CD86751 Case Number: LCR10832 Section / Act: S67 Parties: DUBLIN COUNTY COUNCIL - and - LGPSU |
Claim, on behalf of five anti-litter wardens for an increase in pay.
Recommendation:
5. The Court is satisfied that the duties of the claimants have
been extended by a considerable degree since the introduction of
the posts in 1977. The Court notes in particular the duties
carried out under the Casual Trading Act 1980 which are not
performed by similar grades in other Local Authorities. On the
basis of the information given at the hearing the Court recommends
that the wage scale applicable to the post of Litter Warden in
Dublin County Council should be amended as follows:-
Minimum = #170 - 10 pt. scale-to
Maximum = #185.00 per week
and that the above revised scale be implemented in accordance with
the terms of the Public Service Agreement, 1986.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD86751 THE LABOUR COURT LCR10832
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10832
PARTIES: DUBLIN COUNTY COUNCIL
AND
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
Subject:
1. Claim, on behalf of five anti-litter wardens for an increase
in pay.
Background:
2. Anti-litter wardens were first employed by Dublin County
Council in 1977 to carry out functions in relation to the
anti-litter provisions of the Local Government (Planning and
Development) Act, 1963 and any anti-litter regulations then in
force. The pay scale was established by reference to the Dublin
Corporation rate. In 1982, the Litter Act was introduced and in
December, 1983 anti-litter wardens were appointed as authorised
officers for the purpose of the Casual Trading Act, 1980. The
current rate of pay is #154.88 to #165.30 per week (13 point
scale). On 23rd November, 1984 the Union served a claim on the
Council for an increase in pay based on the changes which had
taken place. In June, 1985 the matter was referred to the
conciliation service of the Labour Court and following a
conciliation conference in August, 1985, further local
negotiations took place. However, on 26th September, 1986, the
claim was again referred to the conciliation service of the Labour
Court. Conciliation conferences were held on 15th April, 1986 and
26th September, 1986 arising from which the Council offered to pay
a shift premium of 1/8 for working a 40-hour week on a 12 hour
shift system over 6 days, maintaining the existing rate of pay.
The Union rejected this and sought application of the general
inspectors rate of pay to anti-litter wardens. This rate
currently stands at #177.18 to #233.00 per week (11-point scale).
Since no agreement could be reached the matter was referred to a
full hearing of the Labour Court. The hearing took place on 7th
November, 1986.
Union's arguments:
3. (i) The current rate of pay of wardens is the same as
that in Dublin Corporation although the range of
duties and method of operation is totally different
(detailed list of duties supplied to the Court).
Unlike those in the Corporation, the Council wardens
initiate most of their own work without reference to
head office.
(ii) Council wardens are, unlike those in the Corporation,
authorised officers for the purposes of the Casual
Trading Act (details of these duties supplied to the
Court).
(iii) The anti-litter wardens work to establish a good
relationship with local residents and endeavour to
project a good image of the Council. This requires a
high level of diplomacy from wardens in carrying out
their duties. They are also subjected to physical
danger and abuse because of the nature of their work.
(iv) The duties of anti-litter wardens in the Council are
more akin to those of a general inspector, rather
than to any other anti-litter wardens in the country.
The persons in the posts are of mature years and
their prospects for promotional advancement in the
service are very slight.
Council's arguments:
4. (a) The Council considers that there is no comparison
between the positions of anti-litter warden and general
inspector. Copies of the qualifications required for
both jobs and the particulars of employment were
supplied to the Court. General inspectors have a far
wider range of duties and duties of a more responsible
nature to perform. They also require a greater working
knowledge of the Council's activities.
(b) The first posts of anti-litter warden in Dublin County
Council were created in 1977 and the rate of pay and
conditions of employment adopted were the same as those
in Dublin Corporation. Since then, the only change
that has taken place is that the wardens have been
assigned duties under the Casual Trading Act, 1980.
The Council is satisfied that these duties are not more
onerous than the other duties being carried out by the
wardens and that it was appropriate to have these
duties carried out by them. The Council does not
accept that the addition of these duties justifies an
increase in basic pay.
(c) The rates of pay of anti-litter wardens in Dublin
County Council and Dublin Corporation are higher than
those payable in a number of Local Authorities
throughout the country (details supplied). In addition
to their basic rates of pay anti-litter wardens also
receive a notional half hour overtime per day amounting
to #15.00 per week approximately and an eating-on-site
allowance of #5.55 per week. Furthermore, anti-litter
wardens also earn substantial overtime (details
supplied).
(d) The Labour Court has already recommended against a
special pay increase for anti-litter wardens in Dublin
Corporation (Recommendation 7776 of 4th February,
1983). If any such increase were granted in Dublin
County Council, it would lead to similar claims in
Dublin Corporation and other Local Authorities.
(e) The Council has, in recent years, emphasised to the
unions the serious financial circumstances (details
supplied to the Court) which it faces and the need to
maintain its various services at a reasonably
satisfactory level and to avoid, where possible, the
layoff of staff. The situation has worsened further in
the current year.
(f) The Council is anxious to re-structure the anti-litter
warden service and has submitted revised qualifications
and particulars of employment to the Union for
consideration. This revision provides for a five day,
forty hour week which will include working on Saturdays
and up to 8.00 p.m. each day on a rota basis. This
type of attendance already applies in the case of
anti-litter wardens in Cork for a wage of #134.09 -
#149.22 exclusive of 25th round and by park
rangers/attendants in Dublin City and County whose
current wage scale is #145.42 - #155.60. The Council's
proposals if accepted, would also lead to the
employment of at least one additional anti-litter
warden.
RECOMMENDATION:
5. The Court is satisfied that the duties of the claimants have
been extended by a considerable degree since the introduction of
the posts in 1977. The Court notes in particular the duties
carried out under the Casual Trading Act 1980 which are not
performed by similar grades in other Local Authorities. On the
basis of the information given at the hearing the Court recommends
that the wage scale applicable to the post of Litter Warden in
Dublin County Council should be amended as follows:-
Minimum = #170 - 10 pt. scale-to
Maximum = #185.00 per week
and that the above revised scale be implemented in accordance with
the terms of the Public Service Agreement, 1986.
~
Signed on behalf of the Labour Court.