Labour Court Database __________________________________________________________________________________ File Number: CD88327 Case Number: LCR11988 Section / Act: S67 Parties: GALWAY COUNTY COUNCIL - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim concerning loss of allowance and redeployment in respect of two workers.
Recommendation:
8. The Court, having considered the submissions from both parties
is of the view that the offer of alternative work at the
Oughterard base to Mr. O'Malley is fair and reasonable and
recommends that it be accepted.
In relation to Mr. Watts the Court recommends payment of an
ex-gratia sum of £500.00 as compensation for loss of the allowance
which he had received for 21 months.
Division: Ms Owens Mr Heffernan Mr O'Murchu
Text of Document__________________________________________________________________
CD88327 RECOMMENDATION NO. LCR11988
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: GALWAY COUNTY COUNCIL
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim concerning loss of allowance and redeployment in respect
of two workers.
BACKGROUND:
2. The Council has recently had to implement rationalisation and
voluntary redundancies due to financial restrictions. This has
resulted in some redeployment. The present claims are on behalf
of two workers, Mr. P. O'Malley, a craftsman's mate, and Mr. T.
Watts, a driver.
3. Mr. O'Malley was employed in the Oughterard Building /
Maintenance gang and was based in Oughterard. Following voluntary
redundancies, Mr. O'Malley was the only remaining member of the
gang. The Council offered him the option of joining the
Building/Maintenance gang attached to the County Buildings,
Galway, or voluntary redundancy. He joined the Galway gang and
began work there on 21st January, 1988. The distance from
Oughterard to the County Buildings is 17.1 miles. The Union is
claiming compensation of (1½) one and a half hour's paid travel
time per day.
4. Mr. Watts lives in Oughterard and for a number of years was
based there. In October, 1986, he was moved to Moycullen which is
nine miles from Oughterard and was then a temporary base. He was
paid an overnight allowance of £6.50 (£32.50 per week). Following
rationalisation, Moycullen was made a permanent base in January,
1988 and the allowance was withdrawn on 28th January, 1988. The
Union, on behalf of Mr. Watts, is seeking reinstatement of the
allowance including its payment from the date on which it was
withdrawn.
5. The matters were referred to the Conciliation Service of the
Labour Court on 3rd March, 1988 and were the subject of a
conciliation conference held on 27th April, 1988. At the
conference, the Council offered Mr. O'Malley alternative work as a
member of a road gang at Oughterard. This offer was not accepted.
The issues were referred to the Labour Court. A Court hearing
took place on 13th July, 1988, in Galway.
UNION'S ARGUMENTS:
6. 1. The Union is aware that the Council has a financial
problem as do all other Local Authorities who are dependent on
Central Government funding. The Union co-operated with the
rationalisation in relation to the redundancy programme which
was related to the Programme for National Recovery. The Union
considers that the Council's proposal in relation to Mr.
O'Malley is in violation of the spirit of the Programme for
National Recovery. It does not object to re-deployment where
necessary but must insist on adequate consideration being
taken of the circumstances of the individual being asked to
transfer.
2. Mr. O'Malley has obtained a temporary means of making the
journey from Oughterard to Galway but this may not continue
indefinitely and he cannot guarantee his availability for work
in Galway because of transport problems. The Union contends
that the Council does not have the right to re-deploy their
employees to bases which involve extra travel without
financial recognition.
3. This is the first occasion on which the Council has
proposed a redeployment involving substantial extra travel.
The Union is concerned that the Council might propose further
such re-deployment in order to increase the number of
volunteers for early redundancy.
4. Mr. Watts and the other employees believed that the
Moycullen base was a permanent one. It would appear that the
Council in an effort to legitimise the removal of allowances
designated it a temporary base prior to rationalisation.
5. Mr. Watt's situation has arisen because of voluntary
redundancy which formed part of the Programme for National
Recovery. The Union contends that by worsening conditions
which have been held for some time, the Council is in
contravention of the Programme.
6. Mr. Watts had an indefinite and unconditional agreement
with the engineer in relation to moving from Oughterard to
Moycullen. The Union is seeking retrospective re-instatement
of the allowance.
COUNCIL'S ARGUMENTS:
7. 1. The financial cutbacks in Galway County Council in 1988
have been very severe. Every service has been affected. The
Council has had to examine every service to see how it could
be organised in order to remain within budget and avoid
lay-offs. In doing this the Council took into account as far
as was possible, the conditions of the employees concerned.
Numerous discussions took place with Unions representing all
staff both indoor and outdoor. The Council took the only
options open to it and acted reasonably at all times.
2. Due to the cutbacks in the Housing Maintenance Section and
the fact that a number of craftsmen and craftsmens' mates had
taken voluntary redundancy, the Council had to re-organise
the services provided by the Oughterard gang. As Mr. O'Malley
was the only employee left in the gang, it had to be
abolished, leaving him without work. He was given the option
of voluntary redundancy or joining the Building Maintenance
Gang attached to the County Buildings, Galway. He opted to
join the Galway gang and commenced there on 21st January,
1988. The distance between Oughterard and the County
Buildings is 17.1 miles. The Council cannot pay an allowance
to Mr. O'Malley for travelling to work. Whenever Mr.
O'Malley is absent from the Galway base he will qualify for
meal allowance on the same basis as other employees, and under
the same conditions as applied in Oughterard. At the
conciliation conference the Council offered Mr. O'Malley a job
in the road gang in Oughterard at no loss of earnings and
where he would qualify for the eating-on-site allowance. Mr.
O'Malley rejected this offer.
3. In October, 1986, Mr. Watts was based temporarily in
Moycullen which is nine miles from Oughterard. The Council
envisaged that he would only be based in Moycullen for a short
time and he was paid the normal overnight allowance of £32.50
per week. There was no agreement with Mr. Watts that he would
receive the overnight allowance over a long period. Following
the severe cutbacks in the 1988 estimates and the resultant
voluntary redundancies including the redundancy of ten
drivers, the Council has to look at the whole organisation
because the redundancies were not spread evenly throughout the
County or through the various grades of operatives. Because
of the number of drivers who had taken voluntary redundancy
and due to the fact that a number of Council lorries had
become obsolete and were not being replaced, the Council had
to rationalise some plant operations and decided that
Moycullen would be a permanent base for a Council lorry.
Being a permanent base, Mr. Watts is obliged to report there.
It is his place of work and he is no longer entitled to the
overnight allowance.
7. 4. The cutbacks have most severely affected the road works
budget. It is not unreasonable in a County as large as
Galway, to expect a driver to travel nine miles to work. A
driver based in the machinery yard in Galway which is
seventeen miles from Oughterard, does not qualify for any
allowance. Another driver who lives in Oughterard and whose
base was moved from Oughterard to Moycullen because of a
reduction in the number of refuse vehicles operating, has
accepted the change. Other drivers who have to travel further
then Mr. Watts, do not qualify for an overnight allowance.
RECOMMENDATION:
8. The Court, having considered the submissions from both parties
is of the view that the offer of alternative work at the
Oughterard base to Mr. O'Malley is fair and reasonable and
recommends that it be accepted.
In relation to Mr. Watts the Court recommends payment of an
ex-gratia sum of £500.00 as compensation for loss of the allowance
which he had received for 21 months.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___9th___August,____1988. ___________________
A. K. / M. F. Deputy Chairman