Labour Court Database __________________________________________________________________________________ File Number: CD87310 Case Number: LCR11256 Section / Act: S67 Parties: DUBLIN CORPORATION - and - IMETU;ITGWU;FWUI |
Claim on behalf of general operatives in the Corporation for an increase in a range of allowances paid to them.
Recommendation:
5. The Court is of the view that the flat rate increases granted
under the 25th wage round (converted into percentages) should be
applied to the allowances which are the subject of this claim.
The Court recommends that the parties should negotiate a
settlement of the claim on this basis.
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87310 THE LABOUR COURT LCR11256
CC87419 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11256
PARTIES: DUBLIN CORPORATION
and
IRISH MUNICIPAL EMPLOYEES' TRADE UNION
FEDERATED WORKERS' UNION OF IRELAND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Claim on behalf of general operatives in the Corporation for
an increase in a range of allowances paid to them.
Background:
2. General operatives in Dublin Corporation are in receipt of
various allowances, the current weekly values of which are as
follows:-
_______________________________________________________________
|1. Height money (50 ft.) | #3.23 |
|------------------------------------------------ |------------ |
|2. Confined space work | #4.25 |
|------------------------------------------------ |------------ |
|3. Demolition of Buildings | #4.25 |
---------------------------------------------------------------
_______________________________________________________________
|4. Work in cutting more than 5' but less than | |
| 10' deep not affected by pipes or cables | |
| (Roads Construction, Housing Development) | #2.67 |
|------------------------------------------------ |------------ |
|5. Work in cuttings more than 5' but less than | |
| 10' deep (Sewers, Roads Construction) | #4.25 |
|------------------------------------------------ |------------ |
|6. Work in cuttings more than 10' deep not | |
| affected by pipes or cables (Housing | |
| Development, Roads Construction) | #6.62 |
|------------------------------------------------ |------------ |
|7. Work in cuttings more than 10' deep (Sewers, | |
| Roads Construction) | #7.46 |
|------------------------------------------------ |------------ |
|8. Working in Liffey Tunnel | #11.11 |
|------------------------------------------------ |------------ |
|9. Tiphead allowance | #5.48 |
|------------------------------------------------ |------------ |
|10. Planting, etc., allowance (Parks) | #4.25 |
|------------------------------------------------ |------------ |
|11. Men operating Gantry Crane (Main Pumping | |
| Station) Sewers Section | #3.23 |
|------------------------------------------------ |------------ |
|12. On-call | #7.66 |
|------------------------------------------------ |------------ |
|13. Boiler cleaning | #4.45 |
---------------------------------------------------------------
Traditionally these allowances have been revised every three to
four years, in accordance with increases in pay. They were last
increased on 1st February, 1984. On 4th February, 1987, the
Unions sought an increase in the allowances and on 27th February,
1987, the Corporation offered a 6% phased increase. This was
based on the fact that there had been a 3% increase in pay on 1st
January, 1985, and a further 3% increase on 1st July, 1985. The
25th round pay increase differed in form in that flat increases of
#5 per week (from 1st May, 1986) and #6 per week (from 16th
February, 1986) were granted. Management contended that only
percentage increases in pay should be taken into account in
calculating increases in allowances. The Union rejected this and
sought a 13.87% increase in allowances. (This figure includes the
25th round flat increases converted to percentages). The matter
was referred to the conciliation service of the Labour Court on
11th March, 1987, and a conciliation conference was held on 8th
April, 1987. In the meantime, the Minister for Finance directed
in his Budget speech, that no Public Service employers were to pay
any special increases other than those already approved as from
31st March, 1987, and that similar restrictions would apply to
claims for improved conditions of employment. No agreement was
reached at conciliation and the matter was referred to a full
hearing of the Labour Court. The hearing took place on 25th May,
1987.
Union's arguments:
3. (i) These allowances have traditionally been increased in
accordance with pay round increases and the fact that
the 25th round differed in form from previous rounds
should not detract from this principle. The
Corporation has also argued that any increase must be
subject to the forward phasing of the 25th pay round.
This is unacceptable to the Unions.
(ii) This claim can be dealt with under clause 3.4(a) of
the current Pay Agreement. This reads:-
"It should not be contrary to this agreement for
employers and trade unions to negotiate the
settlement of minor claims which are particular to
an individual employment and which do not involve
basic pay or require external comparisons".
The claim meets these criteria.
(iii) Restrictive clauses in previous agreements did not
affect these allowances.
(iv) Increases in the allowances have already been deferred
since the practice has been to allow increases to
accumulate. For this reason, the Unions are not
willing to accept forward phasing of the increase now
due, which they consider to be 13.87%, from 1st March,
1987.
Corporation's arguments:
4. (a) The Corporation's offer was based on the percentage
increases applicable since the allowances were last
revised. It would not be appropriate to include the
increases payable under the 25th Round settlement
because these increases, which were originally
expressed as percentage increases in the Public
Service Agreement package and which were recommended
for acceptance by the Labour Court, were rejected by
the Unions who instead sought and eventually obtained
(following withdrawal of labour and referral of the
dispute to the Employer Labour Conference) flat
increases in lieu of the original percentage increases
proposed. They sought these flat increases in order,
as they saw it, to give greater increases to the lower
paid. Having sought and obtained such flat increases,
they now wish to convert the flat increases to
percentage increases and to have those percentage
increases applied to the allowances. Flat increases
have never in the past been applied to these
allowances.
(b) The phasing of the increases as proposed by the
Corporation is in full conformity with the provisions
of the 25th round Public Service Agreement which
applied to general operatives in the Corporation, with
the exception of the flat increases which were
substituted for percentage increases.
(c) The offer made has now lapsed because the Minister for
Finance in his Budget statement on the 31st March,
1987, directed that as from that date no Public
Service employers are to pay any special increases
other than those already approved and that similar
restrictions will apply to claims for improvements in
conditions of employment.
(d) The Corporation does not accept that this is a minor
claim since many of these allowances are paid
regularly to a considerable number of employees.
(e) In recent years the Corporation has experienced
serious financial constraints (details supplied to the
Court). The present position is such that the
Corporation must concentrate on eliminating
unnecessary expenditure in every possible area in
order to avoid the run-down of services and lay-off of
staff.
RECOMMENDATION:
5. The Court is of the view that the flat rate increases granted
under the 25th wage round (converted into percentages) should be
applied to the allowances which are the subject of this claim.
The Court recommends that the parties should negotiate a
settlement of the claim on this basis.
~
Signed on behalf of the Labour Court
19th June, 1987 Nicholas Fitzgerald
A.K./P.W. Deputy Chairman