Labour Court Database __________________________________________________________________________________ File Number: CD88467 Case Number: LCR11977 Section / Act: S67 Parties: WEXFORD CORPORATION - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim by the Union for an increase in the travelling allowance of an Assistant Town Foreman.
Recommendation:
6. The Court, having considered the submissions made by the
parties, recommends that the claimant's travel allowance should be
increased to £750 from 1st July, 1988.
Division: Mr Fitzgerald Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88467 RECOMMENDATION NO. LCR11977
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WEXFORD CORPORATION
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim by the Union for an increase in the travelling allowance
of an Assistant Town Foreman.
BACKGROUND:
2. The worker was appointed Assistant Town Foreman in March,
1978. The worker's duties are the supervision of the various work
crews and the carrying out of preliminary inspection of Local
Authority houses for repairs. At the time of the worker's
appointment the position did not have a travel allowance attached
to it, however from 1st January, 1979, a fixed travelling
allowance of £221 per annum was awarded to the worker based on 16
miles travelling per day (the worker uses his own personal
transport during his daily duties). This mileage increased to 21
miles per day in 1983 and the fixed allowance was adjusted in line
with this. The allowance increased during the period 1979 to 1985
from £221 to £627, - no general increases in travelling payments
have been made since 1985.
3. In December, 1985, the Union on behalf of the worker submitted
a claim for parity with the County Council ganger travelling
allowance which is based on a mileage band system. This was
rejected by the Corporation and the matter was referred to the
Conciliation Service of the Labour Court. A conciliation
conference was held in May, 1986 at which the claim was altered to
one for payment for actual miles travelled by the worker in the
course of his duties. The conciliation conference was adjourned
to allow for the preparation of an accurate log of miles
travelled. In November, 1986, the log was submitted to management
and in July, 1987, the Corporation informed the Union that it
would not be making any offer and the matter was referred back to
the Court. A further conciliation conference was held on 16th
June, 1988, at which agreement could not be reached and on 28th
June, 1988, the matter was referred to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 12th July, 1988.
UNION'S ARGUMENTS:
4. 1. The worker's fixed yearly allowance of £627 for using his
own transport equates to approximately £12 per week. During
the course of his duties on behalf of the Corporation he
recorded a mileage chart which averaged 26.7 miles per day or
approximately 133 miles per week. As the type of driving
involved is short distances (stop/start) the petrol
consumption is approximately 30 miles per gallon and
therefore the total weekly allowance is used up for petrol
alone. Consequently the worker is not compensated for normal
wear and tear, depreciation, motor tax, insurance premium and
maintenance. In comparison a County Council ganger using his
own car as this worker does, receives a daily allowance based
on a mileage band system the top rate of which is £8.26 per
day for distances over 20 miles travelled. Given this
worker's average mileage if he was on such a system he would
receive approximately £41 per week compared to £12 per week
at present.
2. The Town Foreman is provided with transport on a full
time basis, but the Corporation expects and is guaranteed
that the Assistant Foreman will provide an efficient and
speedy service for a mere £12 per week. This is most
unreasonable as the senior management have an allowance of
38/40p per mile when using their own private cars. The
Corporation has refused to concede any increase on the
current allowance paid to the worker on the basis that it is
prohibited from doing so by order from the relevant
department. However in the circumstances the Court should
recommend an adequate allowance for the worker.
CORPORATION'S ARGUMENTS:
5. 1. The log submitted by the worker in 1986 (details supplied
to the Court) shows a minimum of 15.6 miles per day and a
maximum of 43.9 miles per day, averaging 26.7 miles per day.
The log is over-stated at the higher levels when the worker
was acting as Town Foreman and travelling outside the Borough
to waterworks facilities, graveyards etc., which he is not
normally required to do. In addition the log shows a
substantial duplication of travelling to the same estates for
normal and non-emergency situations which with improved
programming would substantially reduce his travelling
requirement.
2. The number of houses in the Corporation's ownership at
present is 947 of which 200 are less than 5 years old. At
present over 425 applications are on hands for purchase under
the 1988 Tenant Purchase Scheme which will not require
inspection by the worker or repair by the housing maintenance
crew which he supervises. In anticipation of this
substantial sell-off of Corporation houses this year it would
be inappropriate to increase the worker's fixed travel
allowance since his travelling requirements will
fall substantially this year.
3. The present allowance more than adequately reflects
compensation for the travelling required of the worker in the
performance of his duties. The Corporation, as with all
Local Authorities, has been required this year to reduce
travelling costs to 80% of 1987 costs and any increase in
this worker's allowance will undermine the Corporation's
capacity to comply with this requirement.
RECOMMENDATION:
6. The Court, having considered the submissions made by the
parties, recommends that the claimant's travel allowance should be
increased to £750 from 1st July, 1988.
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Signed on behalf of the Labour Court
28th July, 1988 Nicholas Fitzgerald
U.M./P.W. Deputy Chairman