Labour Court Database __________________________________________________________________________________ File Number: CD8882 Case Number: LCR11768 Section / Act: S67 Parties: TIPPERARY S.R. COUNTY COUNCIL - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION;IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Dispute concerning the introduction of roster system for part-time fire brigade personnel employed by Tipperary S.R. County Council.
Recommendation:
11. Having carefully considered the submissions made by the
parties, the Court is satisfied that the rostering changes
proposed by the Council are fair and reasonable and are in
conformity with the terms of the 1973 Agreement. The Court
recommends that they be accepted and implemented without delay.
Division: Mr Fitzgerald Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD8882 RECOMMENDATION NO. LCR11768
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: TIPPERARY S.R. COUNTY COUNCIL
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Dispute concerning the introduction of roster system for
part-time fire brigade personnel employed by Tipperary S.R. County
Council.
BACKGROUND:
2. The part-time members of the Tipperary (S.R.) County Council
Fire Service operate from 5 centres Carrick-on-Suir, Clonmel,
Caher, Cashel and Tipperary.
3. In May, 1987, the Council informed the Unions that it proposed
to introduce a roster system with effect from 1st July, 1987, in
accordance with the 1973 National Agreement for part-time fire
brigade personnel. The Unions objected to the introduction of the
rosters and the implementation date was deferred depending on the
outcome of negotiations.
4. The 1973 National Agreement for part-time firemen was drawn up
between the Local Government Staff Negotiations Board and the
Congress Group of Unions representing part-time fire service
personnel nationally. As well as establishing national rates of
pay and conditions the agreement introduced the concept of an
"inclusive allowance" and had the effect of doubling the annual
retaining fee (which was introduced in 1952) in return for
availability arrangements. The part-time firemen agreed 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 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 allowances 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".
5. Since the Agreement was drawn up rostering has been introduced
into a number of local authorities between 1974 and 1986.
6. As agreement was not possible at local level the matter was
referred to the Conciliation Service of the Labour Court on 4th
January, 1988. A Conciliation Conference was held on 14th
January, 1988. At the Conference settlement proposals were
formulated which the parties agreed to recommend for acceptance.
These proposals provided for 7 on 5 off in Clonmel and 6 on 4 off
for the other fire stations.
7. The proposals were subsequently accepted by the Council but
rejected by the workers following a ballot. As a result of this
rejection the Council reverted to its original position under the
1973 National Agreement.
8. The parties then requested an investigation and recommendation
by the Labour Court. A Court hearing was held in Limerick on 16th
February, 1988.
UNIONS' ARGUMENTS:
9. 1. Fifteen years have elapsed since the Unions agreed to
have all members of the fire service rostered for duty. This
guaranteed cover for the entire fire service at all times.
This system has worked most successfully up to now and has
stood the test of time. "Custom and practice" ordains that
this agreed roster should continue to operate and it is
unfair for the Council to seek to change the system now.
2. The new system will preclude 50% of the crew in a
call-out situation from providing an essential service which
is vital to the interests of the general public, and the
safety of the public must be of paramount importance at all
times and all other considerations are secondary.
COUNCIL'S ARGUMENTS:
10. 1. The decision to introduce the roster system arose
primarily from the Council's financial situation. It is
Council policy to maintain and provide as many services as
possible and therefore retain as many members of the
workforce as possible.
2. Not one of the Councils services are exempt from
financial stringency and consequently the Council has decided
that the most equitable and effective approach towards
providing an adequate and efficient fire service within the
resources available is the introduction of a roster in
accordance with the 1973 National Agreement on part-time fire
personnel. The right to introduce such a roster was upheld
by the Court on a previous occasion (Labour Court
Recommendation No. LCR10779 refers).
RECOMMENDATION:
11. Having carefully considered the submissions made by the
parties, the Court is satisfied that the rostering changes
proposed by the Council are fair and reasonable and are in
conformity with the terms of the 1973 Agreement. The Court
recommends that they be accepted and implemented without delay.
~
Signed on behalf of the Labour Court
29th March, 1988 Nicholas Fitzgerald
M.D./P.W. Deputy Chairman