Labour Court Database __________________________________________________________________________________ File Number: CD87797 Case Number: LCR11731 Section / Act: S67 Parties: KERRY COUNTY COUNCIL - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Dispute concerning alleged breaches of collective agreements in respect of part-time fire brigade personnel.
Recommendation:
20. The Court, having considered the submissions made by the
parties and the correspondence furnished subsequent to the
hearing, is of the view that the Council is justified in making
its proposals. The Court is also of the view that the Council's
proposals in relation to rostering as developed in direct
discussions with the trade union representatives are fair and
reasonable and recommends that they be accepted and implemented as
soon as possible.
On the question of meal allowances, the Court recommends that the
Council revise its proposals to accord with the 20% reduction in
subsistence allowances which is applicable elsewhere in the
Council's other activities.
Division: Mr Fitzgerald Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD87797 RECOMMENDATION NO. LCR11731
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: KERRY COUNTY COUNCIL
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1 Dispute concerning alleged breaches of collective agreements in
respect of part-time fire brigade personnel.
BACKGROUND:
2. The Council employs 86 part-time fire brigade personnel
organised in 9 different brigades in all the sizeable towns in the
County.
3. In June, 1987, the Council informed the Union that it proposed
to introduce a rostering system for all the brigades except one
where only six personnel are employed and to revise the meal
arrangements for all staff.
4. The Union objected to the proposed changes and agreement could
not be reached at local level. The matter was referred to the
Conciliation Service of the Labour Court on 18th September, 1987.
A Conciliation Conference was held on 7th October, 1987. As no
agreement was possible both parties agreed to a referral to the
Labour Court for investigation and recommendation. A Court
hearing was held in Tralee on 17th February, 1988.
BACKGROUND - ROSTERING PROPOSALS
6. In 1973 a National Agreement for part-time firemen was drawn
up following discussions between the Local Government Staff
Negotiations Board and the Congress Group of Unions representing
part-time fire brigade personnel. As well as establishing the
national rates of pay and conditions the agreement introduced the
concept of an "inclusive allowance".
7. This had the effect of doubling the annual retaining fee in
return for availability arrangements subject to the firemen
agreeing to the following conditions -
"That normally half of each brigade is rostered for continuous
on-call on alternate weeks. Half of each brigade is intended
to mean alternate members of each brigade. This may be
altered -
(a) At the discretion of the Station Officer in the
interests of the efficiency of the Service and in the
event of unavoidable illness or absence of a member.
(b) In the event of occasional unavoidable absence of one
rostered member, for part of his week, by agreement by
him with another member to act for him provided such
private agreement has been notified to, and agreed by
the Station Officer or his Deputy in advance.
Should a County Manager not require to have an
availability arrangement at the present time, he will
nevertheless pay the allowance as shown. In the event
of his requiring at a later date to introduce an
availability arrangement he will have that option and it
will be on the terms set out above".
8. Subsequent to the National Agreement the present rostering
arrangements (whereby all brigade members available for call-out
are called out to every incident) were agreed locally in 1974.
9. In June, 1987, the Council informed the Union that it proposed
to introduce a rostering system subject to the terms of the 1973
National Agreement with effect from August/September, 1987. The
introduction date has since been postponed pending the outcome of
discussions.
10. Following some discussions the Council proposed to introduce
a rostering system on the basis of two thirds on one third off on
a rotating basis. The one third would be on-call and would be
called out for major incidents. This was not acceptable to the
Union who, recognising the Council's financial difficulties, put
forward their own proposals that fire drills be incorporated with
call-outs. The Union estimated that this would save the Council
#30,000 to #35,000 per year. It was also proposed to centralise
the telephone system and effect savings in depot maintenance.
11. The Union's proposition was rejected by the Council.
UNION'S ARGUMENTS:
12. 1. The present rostering arrangements were agreed locally in
1974, and the present issue therefore does not relate to the
1973 Agreement.
2. The fire service is comprised of self-employed, employed
and unemployed people and the existing flexibility which
allows for 75% turnout permits the employed and self employed
workers to accommodate their respective employment demands
and fire duty obligations. However the Council's proposals
would require 100% attendance. This could force some firemen
with long years of service to leave the brigade as the days
when one could leave their place of employment at the sound
of a fire alarm are over.
3. The Union proposes that if all parties co-operate a
comprehensive training programme could be devised which would
combine drills with fire call-outs. This would have the
effect of reducing the number of firemen actually attending
small fires and the cost of drills.
COUNCIL'S ARGUMENTS:
13. 1. Since 1973 rostering along the lines envisaged by the
1973 Agreement has been introduced in a number of local
authorities over a number of years right up to 1986.
2. The growth in the number of chimney fires has greatly
outstripped the growth in the number of total fire incidents
over the past 12 years. A chimney fire does not warrant a
full call-out.
3. The Council's proposals, while reducing the firemen's
income, would not impose any great hardship on the workers
concerned. They would still be left with very lucrative
part-time employment (details supplied to the Court). All
other areas within the Council have been affected by the
cut-backs.
4. The Union's proposal whereby training would be carried
out in conjunction with call-outs is unacceptable to the
Council because the whole concept would undermine training by
reducing it to an ad-hoc basis. The nature of the fire
service is such that proper and regular training is essential
and this fact is recognised by the Report of the Working
Party on the Fire Service 1975.
BACKGROUND - REVISED MEAL ARRANGEMENTS:
14. Historically the Council has provided meals for firemen
fighting prolonged fires. In 1981, an agreement was reached which
formalised arrangements for meals.
15. Under the arrangements fixed meal times were agreed, viz 8.30
a.m., 1.30 p.m. and 6.30 p.m. If a fireman is on duty during any
or all of these times he was deemed to have missed his meal. He
is entitled to have a meal at a designated restaurant at the
Councils expense and in addition he is paid one hour's fire
fighting fees.
16. Due to budgeting constraints the Council proposed to alter
the meal arrangements by leaving the granting of meals at Council
expense to the discretion of the officer in charge having regard
to all the circumstances prevailing at the fire. The Council also
proposed to abolish the payment for the time spent eating the
meals.
17. These proposals were unacceptable to the Union.
UNION'S ARGUMENTS:
18. 1. The meal arrangements have been reached by an Agreement
entered into in 1981. This Agreement has been repeatedly
confirmed by the Council over the years.
2. As recently as April, 1986, the Killarney Brigade sought
a variation of this Agreement and in Labour Court
Recommendation No. 10502 the Council submitted to the Court
that the existing arrangements were fair and reasonable.
COUNCIL'S ARGUMENTS:
19. 1. The present arrangements are excessively generous when
compared with other local authority arrangements (details
supplied to the Court). The proposed new arrangements are
still generous.
2. Because of budget constraints placed on the Council all
other areas of the Councils activities have been affected by
cuts in travelling and subsistence.
RECOMMENDATION:
20. The Court, having considered the submissions made by the
parties and the correspondence furnished subsequent to the
hearing, is of the view that the Council is justified in making
its proposals. The Court is also of the view that the Council's
proposals in relation to rostering as developed in direct
discussions with the trade union representatives are fair and
reasonable and recommends that they be accepted and implemented as
soon as possible.
On the question of meal allowances, the Court recommends that the
Council revise its proposals to accord with the 20% reduction in
subsistence allowances which is applicable elsewhere in the
Council's other activities.
~
Signed on behalf of the Labour Court
7th March, 1988 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman