Labour Court Database __________________________________________________________________________________ File Number: CD86946 Case Number: LCR10991 Section / Act: S67 Parties: TIPPERARY (SR) CO. CO. - and - ATGWU;FWUI;ITGWU |
Claim on behalf of approximately 25 drivers/operators for regrading.
Recommendation:
7. The Court, having considered the submissions made by the
parties, recommends concession of the Unions' claim.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD86946 THE LABOUR COURT LCR10991
CC86642 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10991
PARTIES: TIPPERARY (SOUTH RIDING) COUNTY COUNCIL
(Represented by the Local Government Staff Negotiations Board)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
FEDERATED WORKERS UNION OF IRELAND
Subject:
1. Claim on behalf of approximately 25 drivers/operators for
regrading.
Background:
2. A rationalisation agreement was negotiated at national level
in 1981 which provided for pay rates and a grading structure for
general operatives and related grades in local authorities. Ten
categories in all were introduced. Drivers of lorries under 10
ton laden weight-flat or tipper, were placed in category 6 (Group
A) and drivers of trucks over 10 ton laden weight-twin axle were
included in category 7 (Group B).
3. The workers concerned are employed by the Council as
drivers/operators. The Unions say that drivers who are in
category 6 should be regraded category 7 and paid accordingly on
the basis that they are driving trucks with a carrying capacity of
10 tons and over, and served a claim to this effect on the
Council with appropriate retrospection. The Council contends that
the trucks in question are less than ten tons laden weight and
accordingly, the workers are properly graded.
4. As no agreement could be reached between the parties at local
level the matter was referred, on 7th April, 1986, to the
conciliation service of the Labour Court. Conciliation
conferences were held on 24th April, and 4th June, 1986, at which
it was agreed to set up a sub-committee to examine the matter.
This failed to resolve the dispute and following a further
conciliation conference on 20th November, 1986, at which no
further agreement was reached, the matter was referred to the
Labour Court for investigation and recommendation. The Court
investigated the dispute on 20th January, 1987, in Thurles.
Unions' arguments:
5. (i) The lorries concerned are daily carrying over 10 tons
in weight with the knowledge and approval of the
Council. The Unions contend that drivers of trucks
with a carrying capacity of 10 tons and over should be
paid the category 7 rate in accordance with the 1981
agreement.
(ii) Other Councils pay the category 7 rate in similar
circumstances.
(iii) The workers concerned voted in favour of the proposals
contained in the 1981 National Agreement on the
understanding that drivers of trucks with a carrying
capacity of 10 tons or more would be paid the category
7 rate.
(iv) In all the circumstances the Unions' claim should be
conceded.
Council's arguments:
6. (a) The Council maintains a fleet of trucks comprising in
the main two types of vehicle, viz. a five ton truck
with a carrying capacity of 7 tons - paid at the grade
6 rate, and a 10 ton truck with a carrying capacity of
14 tons - paid at grade 7 rate. This categorisation
is in accordance with the National Agreement.
(b) Concession of the claim would in effect mean that
there would be no recognition given to drivers of
heavy vehicles, in respect of the extra skill,
expertise and responsibility involved. This would be
contrary to the spirit of the 1981 Agreement.
(c) The abolition of the grade 6 grade in the Council
would have repercussive effects on other authorities
and would place the integrity of the 1981 Agreement in
question.
(d) The Council is experiencing financial difficulties and
therefore, concession of any cost increasing claims,
of the nature contained in this claim, could not be
sustained.
RECOMMENDATION:
7. The Court, having considered the submissions made by the
parties, recommends concession of the Unions' claim.
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Signed on behalf of the Labour Court
11th February, 1987 Nicholas Fitzgerald
T.McC./P.W. Deputy Chairman