Labour Court Database __________________________________________________________________________________ File Number: CD86830 Case Number: LCR10875 Section / Act: S67 Parties: CONSTRUCTION INDUSTRY FED. - and - GROUP OF UNIONS |
Claim by the Trade Union Group for payment of travelling time to building workers in Galway.
Recommendation:
5. The Court having considered the submissions from both parties
recommends concession of the Union's claim for payment of
travelling time in Galway and that the scheme be implemented on a
similar basis to that in operation in Waterford. The Court
further recommends that the scheme should come into operation on
1st January, 1987.
Division: Ms Owens Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD86830 THE LABOUR COURT LCR10875
CC861477 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10875
PARTIES: CONSTRUCTION INDUSTRY FEDERATION
AND
CONSTRUCTION INDUSTRY COMMITTEE
BUILDING GROUP OF UNIONS
Subject:
1. Claim by the Trade Union Group for payment of travelling time
to building workers in Galway.
Background:
2. In 1979 an agreement was concluded between the Construction
Industry Federation (CIF) and the Construction Industry Committee
which provided that with effect from 1st January, 1981 travelling
time would be introduced in the Dublin area in substitution for
the system of travelling allowances which then existed in that
area. The Agreement also provided that negotiations should take
place at local level on the introduction of similar arrangements
in major urban areas.
In 1980 the Agreement provided as follows:-
" It is agreed that in major urban areas, negotiations shall
take place at local level for the improvement of existing
arrangements or for the introduction of such arrangements
when none presently exist. If agreement cannot be reached at
local level the matter will be referred to the National Joint
Industrial Council. "
During 1980 and 1981 agreements on the introduction of travelling
time were concluded in respect of Cork, Limerick and Waterford.
The rates of travelling time payable in Dublin, Cork, Limerick and
Waterford are as follows:-
Dublin (measured from G.P.O.).
0 - 4 miles = 1 hour per day
4 - 5 miles = 1.25 hours per day
5 - 6 miles = 1.50 hours per day
6 - 8 miles = 1 3/4 hours per day
8 - 12 miles = 2 hours per day
12 - 20 miles = 2.50 hours per day
Cork (Measured from G.P.O.).
0 - 4 miles = 3/4 hour per day
4 - 5 miles = 1 hour per day
5 - 6 miles = 1.25 hours per day
6 - 7 miles = 1.50 hours per day
7 - 8 miles = 1 3/4 hours per day
8 - 14 miles = 2 hours per day
14 - 20 miles = 2.50 hours per day
Limerick (Measures from G.P.O.).
0 - 3 miles = 1/3 hour per day
3 - 5 miles = .50 hour per day
5 miles and over = 1 hour per day
Waterford
Up to old City Boundary = 1/3 hours per day
Up to New City Boundary = 3/4 hours per day
Outside new City Boundary = 1 hour per day
In July, 1986 a claim was served by the Unions for the
introduction of travelling time in Galway. The Federation
rejected the claim and on 31st July, 1986 the matter was referred
to the conciliation service of the Labour Court. No agreement was
reached at a conciliation conference held on 13th October, 1986
and the matter was referred to a full hearing of the Labour Court.
The hearing took place on 28th November, 1986.
Unions' arguments:
3. (i) The Unions acknowledge that their ultimate objective
is to secure a standard travelling time agreement for
the whole country. However, progress toward
achieving this objective is not possible at this
stage. The Unions wish to have the terms of the
present Construction Industry Industrial Relations
Agreement 1980 Clause 1 (c) fully complied with which
provides in effect that travel payments should apply
in major urban areas. If Galway is a major urban
area the employers are obliged by the terms of the
Agreement, which is still in force, to concede this
allowance. Waterford and Galway are similar in terms
of size and population and the Unions consider that
the same rates should apply to Galway as apply to
Waterford.
(ii) None of the Agreements on the subject of travelling
time define the term 'Major Urban Area'. However, at
the NJIC sub-committee established by the 1982
Agreement the employer suggested that such factors as
population, traffic density, and the administrative
status of the area were relevant in deciding if an
urban area was a major one within the meaning of the
agreement. The employers contended that since only
Dublin, Cork, Waterford and Limerick had a status of
County Boroughs they were the only major urban areas
in the country and that the employers had therefore
fulfilled their obligations under the agreement by
negotiating travelling time in respect of these
areas. From 1st January, 1986 Galway was designated
as a County Boroughs by the Local Government
(reorganisation) Act, 1985. It's status as a major
urban area has now been formally recognised.
(Statistics concerning population and traffic density
were supplied to the Court).
(iii) The 1980 Agreement provided for the extension of the
duration of the 2nd National Understanding by two
months and the extension of the duration of the next
Industry Agreement (1982 Agreement) by a period of
one month in consideration of the concessions made by
the employers in the 1980 Agreement, of which the
introduction of travelling time was the principal
concession. Employers in Galway have had the benefit
of that extension which has extended the commencement
date of each subsequent agreement by three months,
giving a considerable cost saving.
Federation's agreements:
4. (a) The 1982 Construction Industry Agreement set a deadline
on the negotiation of travelling time in the major
urban areas (1st September, 1982). The Agreement
provided that outstanding issues would be referred to
the Labour Court. The fact that none were indicates
that both sides of the industry were satisfied that all
the major urban areas had been dealt with, i.e. Dublin,
Cork, Limerick and Waterford.
(b) The fact that Galway is now a County Borough has no
bearing on this dispute. That is a technical matter
solely of concern to Local Government administrators.
(c) The Unions' are seeking the extension of travelling
time to cover the whole of the country. Payment of
travelling time in other towns would follow its payment
in Galway. This is at a time when the industry is
experiencing the worst recession on record. The West
of Ireland has been particularly badly hit.
Unemployment is rising daily and investment and
activity are falling. All forecasts are that this
trend will continue into 1987.
(d) Concession of the claim would further widen the cost
differential which exists in favour of the "Black
Economy', thereby forcing reputable builders out of
business. Again, this is a particularly acute problem
in the West of Ireland. The vast majority of firms,
particularly housebuilders, would be unable to recover
any increase in costs.
RECOMMENDATION:
5. The Court having considered the submissions from both parties
recommends concession of the Union's claim for payment of
travelling time in Galway and that the scheme be implemented on a
similar basis to that in operation in Waterford. The Court
further recommends that the scheme should come into operation on
1st January, 1987.
~
Signed on behalf of the Labour Court.
Evelyn Owens
____________________
31st December, 1986. Deputy Chairman
A.K./M.F.