Labour Court Database __________________________________________________________________________________ File Number: CD87279 Case Number: LCR11220 Section / Act: S67 Parties: OFFICE OF PUBLIC WORKS - and - FWUI |
Claim on behalf of 17 constables and gatekeepers employed in the Phoenix Park for an increase in rent allowance.
Recommendation:
5. The Court recommends an increase of #1.50 in the rent
allowance, effective from the 1st April, 1987 and that the rent be
reviewed each April in accordance with the increase in the CPI.
Division: Ms Owens Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87279 THE LABOUR COURT LCR11220
CC862072 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11220
Parties: OFFICE OF PUBLIC WORKS (OPW)
AND
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Claim on behalf of 17 constables and gatekeepers employed in
the Phoenix Park for an increase in rent allowance.
Background:
2. The workers concerned are non-resident gatekeepers and
constables in the Phoenix Park and have a rent allowance which has
stood at #6.50 per week since the 1st April, 1985. By letter
dated the 19th September, 1986, the Union submitted a claim for an
increase in the allowance. The OPW responded by stating that the
Union was somewhat premature in seeking an increase since it was
only increased in 1985 and the last three reviews had taken place
at approximately four-yearly intervals. Direct discussions took
place on the 28th November at which the Union also claimed that
there should be a mechanism for yearly reviews similar to the
practice which obtains in the Garda Siochana, fire brigade and the
prison service, where rent allowances are also paid. No progress
was made and on the 11th December, 1986, the Union referred the
matter to the conciliation service of the Labour Court. At a
conciliation conference on the 6th March, 1987, no progress was
possible and the matter was referred to the Labour Court for
investigation and recommendation. A Court hearing took place on
the 7th May, 1987.
Union's arguments:
3. (a) The gardai, fire brigade staff and prison officers now
have rent allowances of #25.94 and #19.46 per week for
married and single men respectively and the Union
contends that the increase of #3.25 which it is seeking
is not excessive by any means.
(b) In an effort to try and resolve the problem, the Union
put forward a proposal at the conciliation conference
that the rent allowance be increased by #1.50 with
immediate effect and that the review mechanism should
be similar to that which obtains in the gardai, fire
brigade and prison officers i.e. Consumer Price Index
(CPI) based on the Housing Index as from the 1st April,
each year. However, this was unacceptable to the
O.P.W.
(c) The justification for a review mechanism has regard to
the fact that whilst the pay and allowances of the
claimants are related to the construction industry,
allowances are subject to biannual review.
(d) In previous Labour Court submissions, the O.P.W. used
the argument that the rent allowance was an "out-moded
perk" but a cursory examination of Labour Court
recommendations (e.g. 6775, 9733) clearly demonstrates
that the Court did not accept these arguments.
O.P.W.'s arguments:
4. (i) The payment of a rent allowance owes its origins to
the historical conditions of employment of the grades
who are in receipt of this allowance. Traditionally,
it was necessary for the OPW to provide houses, or
rent allowances in lieu, due to the fact that these
grades were required to provide an emergency service
on a 24 hour per day and seven day per week basis.
However, these grades have long since enjoyed fixed
hours of attendance and are not now required to
provide attendance outside of these hours.
(ii) The rent allowance is no longer a general condition
of employment for these grades and the Labour Court
in recommendation no. 10664 has to some degree
accepted the merit of this argument by recommending
that the granting of this allowance should be
terminated for new entrants as and from 31st
December, 1987. The O.P.W. is firmly of the opinion
that as the raison d'etre for the provision of a
house or a rent allowance in lieu for these grades no
longer applies, the payment of this allowance is no
longer justified. It cannot accept that an
allowance, which is paid for no other reason than the
fact that it has been paid traditionally, should
continue to be paid and also attract regular
increases.
(iii) The grades involved in this claim are in receipt of
the Construction Industry Federation related
travelling allowance which currently amounts to one
hours pay per day (#3.28p). This allowance is paid
in addition to the rent allowance and is revised in
line with pay increases. The payment of a travel
allowance to gatekeepers or constables while at the
same time, providing a house at their place of work
or a rent allowance in lieu of same, is a clear
anomaly which does not make economic sense and is
difficult if not impossible to justify in the present
harsh financial climate.
(iv) The Court will be well aware of the severe financial
restrictions placed on public sector employers by the
budgets of recent years. This trend has continued
into the current year where the budget has again,
even more severely, curtailed the resources available
to public sector employers. The O.P.W. has, despite
the financial restrictions placed upon it, managed
for the most part to avoid the necessity for
redundancies by careful management of resources and
by allowing labour costs to absorb an increasingly
higher share of the financial resources available.
Obviously in circumstances such as these, any cost
increasing claim, no matter how big or small, must
receive detailed consideration and must be justified
before being conceded. The O.P.W. contends that this
claim is wholly unjustified and should not be
conceded.
(v) While it has always been the O.P.W.'s view that this
allowance should not be increased, it must be
acknowledged that the Labour Court in its
recommendations numbers 6775 and 9733 has recommended
increases in the past. These recommendations have
however, allowed increases every four years and
accordingly, this claim for an increase in this
allowance is very premature at this stage, as the
last increase in the allowance was in April, 1985.
RECOMMENDATION:
5. The Court recommends an increase of #1.50 in the rent
allowance, effective from the 1st April, 1987 and that the rent be
reviewed each April in accordance with the increase in the CPI.
~
Signed on behalf of the Labour Court.
Evelyn Owens
____5th___June,____1987. ___________________
D. H. / M. F. Deputy Chairman