Labour Court Database __________________________________________________________________________________ File Number: CD86738 Case Number: LCR11169 Section / Act: S67 Parties: LAOIS CO. CO. - and - FWUI |
Claim for a change in the basis for determining travel allowances for waterworks caretakers.
Recommendation:
6. The Court recommends that the Council's offer be accepted
subject to the condition that no individual receives less under
the offer than he does under the present arrangements.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD86738 THE LABOUR COURT LCR11169
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11169
Parties: LAOIS COUNTY COUNCIL
and
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Claim for a change in the basis for determining travel
allowances for waterworks caretakers.
Background:
2. Travelling allowances for waterworks caretakers were first
introduced with effect from 1st January, 1983 after negotiations
between the Council and the Union. The allowances agreed depended
on the particular area covered and ranged from #12 to #43.25.
These rates were subsequently increased by 8.49% with effect from
1st January, 1984 and by 7.75% with effect from 1st January, 1985.
3. The Union is now seeking the payment of a mileage allowance
based on scale A of the Local Authority mileage allowances. This
claim was rejected by the Council and the Union referred the
matter to the Conciliation Service of the Labour Court on 14th
August, 1986. A conciliation conference held on 17th September,
1986 failed to resolve the matter and it was referred to the
Labour Court for investigation and recommendation. A date
arranged for the Court investigation was postponed to allow
further local discussions between the parties. The Council
offered the following allowances:-
_____________________________________________________________
|Tier No. | Weekly | No. of | Suggested | Total |
| | Mileage | Caretakers | Fixed Allow. | |
|____________________________________________________________|
| | | | | |
| 1 | 20 - 80 | 3 | #22 | #66.00|
| | | | | |
| 2 | 81 - 149 | 6 | #30 | #180.00|
| | | | | |
| 3 | 150 - 300 | 4 | #51 | #204.00|
______________________________________________________________
| | | | | |
| TOTAL | | 13 | | #450.00|
______________________________________________________________
This offer was rejected by the Union and the matter was referred
back to the Labour Court. A Court investigation into the dispute
was held on 7th April, 1987 in Portlaoise.
Union's arguments:
4. (i) The claim as sought is the norm within the Public
Sector. Many local authorities pay mileage allowances
to water and sewerage caretakers (details supplied to
the Court).
(ii) The Labour Court conceded a similar claim in respect of
waterworks caretakers in Sligo County Council
(Recommendation No. LCR9963 refers).
(iii) Workers who use their cars on official business incur
the same expenses no matter what their category.
Therefore these workers should not be treated
differently from the officer grades.
(iv) One of the workers' colleagues already receives the
Scale A mileage allowances (details supplied).
(v) The Union is also seeking to ensure that, whichever
system is used, no worker will receive less than at
present.
(vi) The Union does not consider that payment of the Scale
A rates would be precluded under the recent Budget
announcement.
Council's arguments:
5. (a) The Council in making its offer has made a major effort
to rationalise the allowances. Management considers
this offer to be very reasonable, particularly in the
present economic circumstances of the Council (details
supplied to the Court).
(b) Many local authorities pay allowances which are less
than those paid to the workers here concerned. Genuine
comparisons are very difficult to make given the
varying circumstances of each area and methods of
determination of allowances. All non-officer grades
are similarly affected. Any concession to the workers
concerned would have repercussions among other local
authorities.
(c) Scale A mileage rates are legally part of the 1943
Officers' Regulations and do not in general form part
of travel allowance payments to non-officer staff in
most local authorities. The problem of differing
travel arrangements between officer and non-officer
grades is a public service wide one and cannot be
resolved by an individual local authority.
RECOMMENDATION:
6. The Court recommends that the Council's offer be accepted
subject to the condition that no individual receives less under
the offer than he does under the present arrangements.
~
Signed on behalf of the Labour Court
John M Horgan
8th May, 1987 --------------
R.B./U.S. Chairman