Labour Court Database __________________________________________________________________________________ File Number: CD89740 Case Number: LCR12659 Section / Act: S67 Parties: DUBLIN CORPORATION - and - IRISH MUNICIPAL EMPLOYEES' TRADE UNION;FEDERATED WORKERS' UNION OF IRELAND;IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Unions on behalf of 16 workers concerning losses arising from their transfer to a new depot.
Recommendation:
5. The Court has considered the submissions of the parties on the
issues in dispute. It takes the view that the principle
underlying the payment of travelling time is the payment
for mobility or the liability to change in workplace and thus
precludes any claim relating to disturbance arising from such
change or changes, or for compensation for variation in the
payment of the allowance itself.
The Court further takes the view that having chosen to accept the
G.P.O. as the base for calculation of payments and having received
the benefits thus arising, a case for a reversion to a former base
is not sustainable.
The Court therefore does not recommend concession of the Union's
claims.
Division: Mr O'Connell Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89740 RECOMMENDATION NO. LCR12659
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN CORPORATION
and
IRISH MUNICIPAL EMPLOYEES' TRADE UNION
FEDERATED WORKERS' UNION OF IRELAND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Unions on behalf of 16 workers concerning losses
arising from their transfer to a new depot.
BACKGROUND:
2. General workers in the Corporation's cleansing department are
paid travel time on the same basis as the construction industry.
The workers concerned are based at the cleansing depot in
Kilbarrack. This depot is being closed and the workers are being
transferred to a new depot in Coolock. The Coolock depot is less
than 4 miles from the General Post Office (G.P.O.) which means
that under the radial band system, workers based there will
qualify for the minimum of 1 hour travel time per day. The
Kilbarrack depot is between 5 and 6 miles from the G.P.O. and
workers at this depot qualified for 1.5 hours travel time per day.
The effect of the transfer will be that the 16 workers will lose a
.50 hours travel time per day. This is worth approximately #10 per
week. The Union's object to this and claims that in the unique
circumstances of the case the workers concerned are entitled to
retain their half hour per day on a personal basis. The
Corporation says that the transfer is within the terms of the
agreement on travel time which allows for redeployment between
locations. As agreement could not be reached between the parties,
the matter was referred on 5th October, 1989, to the conciliation
service of the Labour Court. No agreement could be reached at a
conciliation conference held on 23rd October, 1989, and the matter
was referred on 24th October, 1989, to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 31st October, 1989.
UNIONS' ARGUMENTS:
3. 1. It is extremely unfair to subject workers to the
inconvenience of disturbance and simultaneously reduce their
pay. The Unions believe that travel time should be treated as
pay. This principle has been upheld by the Court in the past.
This is particularly ironic when the existence of the payment
to be reduced is otherwise employed as a device for the
purpose of depressing pay.
3. 2. There are a number of aspects of this dispute that are
unique. The Corporation has drawn up proposals for a major
re-organisation of the cleansing department, including the
phased closure of outlying depots such as Kilbarrack. Off all
the workers in the outlying depots to be closed only those
employed in Kilbarrack actually stand to incur a loss in pay.
In normal circumstances it would be reasonable to assume that
compensation would be given in the context of agreeing a major
re-organisation package.
3. Nine of the workers concerned in this dispute were
originally based in the Baltray depot in Howth. These workers
were transferred to Kilbarrack in 1986, after the revision of
the Dublin Local Authority boundaries. Whilst they were based
in the Baltray depot their centre point, in terms of travel
time radials, was Howth instead of the G.P.O. When
transferred to Kilbarrack depot their centre point became the
G.P.O. This meant that the workers received an extra half
hour travel time per day. As a result of receiving the extra
travel time the Unions did not submit a claim for compensation
for disturbance. It is notworthy that within twelve months of
the transfer Management advised of the new move to Coolock.
4. The Kilbarrack depot is located within the minimum radial
band from Howth. Therefore, on the logic of the Corporation's
arguments, the workers could have been transferred there
without any additional payment. The Coolock depot would fall
between 4-6 miles from Howth. This would entitle the workers
to the benefits of either the 2nd or 3rd radial band i.e. 1.25
and 1.5 hours per day respectively. In the circumstances the
workers concerned must surely be entitled to retain their half
hour per day.
5. Given the unique circumstances of the case the Corporation
should concede the claim. The issues involved concern
consistency, equity and fairness. The losses involved will
impact catastrophically on a small number of low paid workers.
By contrast, the effect on the Corporation's costs are
minimal, especially in the context of the impending cost
saving re-organisation.
CORPORATION'S ARGUMENTS:
4. 1. The Corporation is entitled to instruct any general
operative to report to any site provided the general operative
is eligible for payment of travelling time payments, subject
to the conditions applicable to the making of these payments.
2. The workers concerned are in exactly the same position as
30 other workers who were required to move to new depots in
1982. In those cases the Court upheld the Corporation's view
that no compensation is warranted. (AD23/83 refers).
4. 3. The essence of the travelling time payments arrangements
is that the rate of payment is directly related to the radial
bands in which work places are situated relative to the
determined core points and that transfer of work from place to
place is an essential part of the scheme. This fact is
clearly known to the Unions.
4. The workers originally based in Baltray accepted in 1986,
when they transferred to Kilbarrack depot, that they would be
eligible in future for travelling time payments based on
radial bands from the G.P.O. instead of Howth. As a result
they have benefited by an extra half hour travelling time for
the past 3.5 years. There is no case for departing from the
established fact that eligibility for travelling time payments
is determined on the basis of radical bands from the G.P.O.
5. Concession of this claim would constitute a serious breach
of the travelling time arrangements, which have applied since
January, 1981. The Unions are clearly aware of the conditions
applicable to the scheme and to the fact that disturbance
money is not payable to workers who are eligible for
travelling time payments.
RECOMMENDATION:
5. The Court has considered the submissions of the parties on the
issues in dispute. It takes the view that the principle
underlying the payment of travelling time is the payment
for mobility or the liability to change in workplace and thus
precludes any claim relating to disturbance arising from such
change or changes, or for compensation for variation in the
payment of the allowance itself.
The Court further takes the view that having chosen to accept the
G.P.O. as the base for calculation of payments and having received
the benefits thus arising, a case for a reversion to a former base
is not sustainable.
The Court therefore does not recommend concession of the Union's
claims.
~
Signed on behalf of the Labour Court,
John O'Connell
_________________________
30th November, 1989
B.O'N./J.C. Deputy Chairman