Labour Court Database __________________________________________________________________________________ File Number: CD86623 Case Number: LCR11055 Section / Act: S67 Parties: EASTERN HEALTH BOARD - and - EHB GROUP OF UNIONS |
Claim for the payment of travel time to ten craftsmen employed by the Board at Naas General Hospital.
Recommendation:
6. The Court notes that these workers do not generally work within
the area covered by the Dublin Working Rule Agreement and the Court
therefore does not recommend concession of the claim.
Division: CHAIRMAN Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD 86623 THE LABOUR COURT LCR11055
CC 86949 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11055
Parties: EASTERN HEALTH BOARD
and
EASTERN HEALTH BOARD GROUP OF UNIONS
Subject:
1. Claim for the payment of travel time to ten craftsmen employed
by the Board at Naas General Hospital.
Background:
2. Due to the Board's links with Dublin Corporation (originating
from the time when health services for the Dublin area were
administered by the Dublin Health Authority), travel time plus
minimum bus fares are paid to craftsmen employed by the Board in
the Dublin area in accordance with the Dublin Working Rule
Agreement.
3. The claim for payment of travel time to these workers was
served by the Eastern Health Board Group of Unions in April, 1986.
Local level discussions held on the 17th April, 1986, failed to
resolve the issue and on the 30th May, the matter was referred to
the conciliation service of the Labour Court. No agreement could
be reached at a conciliation conference held on the 15th July and
the matter was referred to the Labour Court for investigation and
recommendation. A Court hearing took place on the 22nd September,
1986, the earliest date suitable to the parties.
Unions' arguments:
4. (a) In 1979, the Eastern Health Board Group of Unions
sought the application of the terms of the Heating and
Ventilating Contractors Agreement (H.V.C.A.) on
travelling time for all craftsmen other than
electricians. Following a Labour Court hearing into
the dispute, LCR 5102 was issued in March, 1979, which
recommended in favour of the Unions' claim. The
travelling time clause in the Agreement was later
revised to allow for the payment of the minimum of one
hour per day and busfares. The E.H.B. conceded this
payment to the Unions in June, 1982, along with full
retrospection back to February, 1981. The only areas
within the E.H.B. which were not covered at that time
by the revised agreement were Newcastle and Naas
hospitals.
(b) A claim was made on behalf of the craftsmen working in
Newcastle hospital in late 1983. This resulted in LCR
8593 being issued in January, 1984, which recommended
concession of the Unions' claim, i.e. minimum payment
of one hour per day travelling time and bus fares. The
Court noted that while the workers were based in
Newcastle hospital their work included the maintenance
of six health centres and hostels situated in the Urban
District of Bray, which is within the area to which the
agreement on travel allowance is applicable.
(c) The claimants in this present case are now the only
craftsmen represented by the Group of Unions who are
not in receipt of the minimum travelling time. These
workers have carried out work in the Dublin
Metropolitan area, i.e. Rathcoole Health Centre and
Leixlip. Furthermore, their engineering base is Cherry
Orchard hospital where some of them have worked.
(d) The principle of LCR 5102 is not being adhered to by
the Board as far as the claimants are concerned and the
Unions cannot accept this anomalous situation
continuing.
Board's arguments:
5. (i) In February, 1986, the Labour Court, in LCR 10283,
rejected a claim for the payment of travel time to
craftsmen employed outside the Greater Dublin area.
The claim now before the Court is covered by this
recommendation because the claimants are employed
outside this area.
(ii) Since the time that the Health Services for the Dublin
area were administered by the Dublin Health Authority,
(i.e. up to March 1971), Craftsmen employed by the
Authority were paid travelling allowances in accordance
with the "Dublin Working Rule Agreement" in line with
their colleagues in the Dublin Corporation, since both
these authorities had always enjoyed a close affinity.
The Dublin Working Rule Agreement defines its area of
application in Clause (1) as follows:-
"The area to which this Agreement applies shall be
the City of Dublin, the Administrative County of
Dublin and the Urban District of Bray"
The travel allowance therefore has always been confined
to the Dublin Area and is Dublin orientated in so far
as it has its origins in the Construction Industry
Agreements for the Dublin area, and the allowances
provided in those agreements are based on radial belts
from the G.P.O., Dublin 1.
(iii) Only six of the Board's employees who are employed
outside the Dublin area receive travelling time. The
six are craftsmen employed at Newcastle Hospital, Co.
Wicklow. Payment was made to these workers as a result
of Labour Court Recommendation 8593. In that
recommendation the Court clearly acknowledged that the
payment of travel time is unique to Dublin and is
confined to the scope of the Dublin Working Rule
Agreement. The Court recommended the payment of travel
time to those workers on the basis that they maintain
premises in the Urban District of Bray which is within
the scope of the Dublin Working Rule Agreement.
(iv) The claim now before the Court cannot be compared to
the one which resulted in Labour Court Recommendation
8593 because the workers in Naas General Hospital do
not come within the scope of the Dublin Working Rule
Agreement. They rarely, if ever, travel within the
Dublin Metropolitan area in the course of their duties.
An examination of the records for the Naas base has
shown that there have only been three occasions in the
past three years where a craftsman has visited the
Dublin area in the course of his duties.
(v) The repercussive effects of this claim, if conceded,
are enormous as it would reverse the recommendation of
the Court under the Labour Court Recommendation 10,283,
thereby conceding travelling time payments to 3,000
craftsmen employed by Local Authorities and Health
Boards outside the Dublin area, and it could also lead
to claims from 20,500 General Operatives employed by
Local Authorities and Health Boards outside Dublin.
The full repercussive effects of this could add #25.5m
per annum to the wages cost of Local Authorities and
Health Boards. An increase of this amount could only
be financed by making reductions in staffing levels and
services.
(vi) The financial allocation for non capital health
expenditure for 1986 from the Department of Health
falls short of the Board's estimates by #8.987m. The
Board met the Trade Unions and Staff Associations on
the 22nd May, 1986, to make them aware of the financial
position and to outline the measures needed to keep
within its budget level. These measures include
leaving vacancies unfilled, reducing grants to outside
services and maintaining Community Care Services at
1985 expenditure levels. At a time when such drastic
measures are needed to keep within the budget level the
Board simply cannot afford the extra #18,450 per annum
that this claim, if conceded, would cost.
RECOMMENDATION:
6. The Court notes that these workers do not generally work within
the area covered by the Dublin Working Rule Agreement and the Court
therefore does not recommend concession of the claim.
~
Signed on behalf of the Labour Court
John M Horgan
13th March, 1987 ---------------
D.H./U.S. Chairman