Labour Court Database __________________________________________________________________________________ File Number: CD8783 Case Number: LCR11212 Section / Act: S67 Parties: MEATH COUNTY COUNCIL - and - FWUI |
Claim on behalf of 16 water and sewerage caretakers for travel allowances in line with those in existence in the public sector.
Recommendation:
5. The Court is not satisfied that sufficient negotiations have
taken place between the parties as to how the assessment of
mileage was arrived at in calculating the allowances. The Court
recommends, accordingly that the parties should immediately
discuss this claim further with a view to reaching agreement in
the matter. Should agreement not be reached within a month of
the date of this recommendation the parties can return to the
Court.
Division: Mr Fitzgerald Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD8783 THE LABOUR COURT LCR11212
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11212
PARTIES: MEATH COUNTY COUNCIL
and
FEDERATED WORKERS' UNION OF IRELAND
Subject:
1. Claim on behalf of 16 water and sewerage caretakers for travel
allowances in line with those in existence in the public sector.
Background:
2. Caretakers employed by the Council are obliged to travel, on
an irregular basis, in connection with their work on water and
sewerage schemes. The Council accepts that they should not have
to personally incur costs as a result of such travel, where a car
is required to carry out their duties effectively. Travel
allowances were first introduced in 1970. In 1982, in connection
with discussions on pay and other matters relating to the grade,
the Council introduced a system of travel allowances whereby the
caretakers each receive a fixed weekly amount, subject to periodic
review. The amounts vary from individual to individual and
currently range from #12 to #40 a week. In 1984 a 15% increase in
the allowances was agreed and it was also agreed to rationalise
the system of travel allowances. A number of meetings took place
in 1985 in the course of which the Council offered revised
allowances to a number of caretakers. The Union sought
application of the Public Service scale A, mileage rates but this
claim was rejected by the Council. The matter was referred to the
conciliation service of the Labour Court on 15th September, 1986.
A conciliation conference took place on 10th December, 1986 but
again, no agreement was reached and the matter was referred to a
full hearing of the Labour Court. The hearing took place on 15th
April, 1987.
Union's arguments:
3. (i) The workers have encountered difficulties with the
Revenue Commissioners who have stated that their travel
allowances constitute "a round sum allowance and
therefore should be treated as pay and taxed
accordingly".
(ii) This is the only group amongst Council employees
required to travel to whom Public Service Mileage rates
do not apply. Yet the the same costs apply in all
cases.
(iii) Although there are still some Counties which do not
apply travel allowance in the case of Waterworks
Caretakers, the majority do, and most have transferred
from the weekly allowance system over the last few
years. The Labour Court, in Recommendation No. 9663,
recommended the payment of the Officer Class A rates in
respect of this grade in Sligo County Council. In the
remaining Counties, in which the mileage rates do not
apply, agreed criteria exists. This is not so in the
case of Meath County Council.
(iv) The Union's primary objective in this exercise is
equity and fairness, in the context of employment in
the Council generally (vis-a-vis all other grades) and
in the context of employment in the grade (vis-a-vis
each other). Equity does not necessarily increase
cost. In the event of a cost increase arising from
concession of the claim, arrangements can be made to
limit travel and to contain it within certain limits as
is the case with other grades.
Council's arguments:
4. (a) The Council has operated a method of recoupment of
travelling expenses for the past ten years as follows.
The mileage required for the effective performance of
duties is assessed. The annual mileage required for
the effective performance of duties is assessed which
is converted to an average weekly figure. A weekly
allowance is determined for each caretaker based on the
Public Service Scale A mileage rates. The allowances
are revised in line with revisions in Scale A rates.
These allowances are devised to ensure that each
Caretaker is adequately recouped for the cost of
travelling and that each caretaker is recouped on the
same formula.
(b) Water and Sewerage Caretakers work under the minimum of
supervision and the Council considers that the present
system of recoupment of travelling expenses is
desirable to ensure adequate control over this
expenditure. The grade of Revenue Collector is also
paid for travelling by means of the same system for
similar reasons. Travelling allowances are also common
for staff employed by Urban Authorities.
(c) Meath County Council in common with other Local
Authorities is subject to severe financial
difficulties. The debit balance is over #2 million and
financial allocations for 1987 have been severely cut
back. The Council has had to lay-off 30 temporary
staff and further lay-offs are imminent. Concession of
this claim would have financial repercussions which
would put more jobs in jeopardy. All the Water and
Sewerage caretakers employed by the Council are in
secure permanent employment.
RECOMMENDATION:
5. The Court is not satisfied that sufficient negotiations have
taken place between the parties as to how the assessment of
mileage was arrived at in calculating the allowances. The Court
recommends, accordingly that the parties should immediately
discuss this claim further with a view to reaching agreement in
the matter. Should agreement not be reached within a month of
the date of this recommendation the parties can return to the
Court.
~
Signed on behalf of the Labour Court
22nd May, 1987
A.K./U.S. Nicholas Fitzgerald
Deputy Chairman