Labour Court Database __________________________________________________________________________________ File Number: CD88870 Case Number: LCR12258 Section / Act: S67 Parties: LIMERICK CORPORATION - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Payment of "eating on site" allowance to working foremen from the same commencement date as general operatives.
Recommendation:
5. Having regard to the relativity of pay rates of the workers
concerned with craftsmen the Court does not recommend concession
of the Union's claim.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD88870 RECOMMENDATION NO. LCR12258
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: LIMERICK CORPORATION
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Payment of "eating on site" allowance to working foremen from
the same commencement date as general operatives.
BACKGROUND:
2. In 1986, a dispute took place in Cork Corporation regarding
the introduction of an "eating on site" allowance which was
already being paid in Dublin. In settlement of the dispute it was
agreed that the allowance be introduced on a phased basis, for
most local authority general and craft grades. The Corporation's
general operatives were granted "eating on site" allowance with
effect from 1st December, 1986. Craftsmen were subsequently
granted the allowance from 1st December, 1987, and working foremen
and supervisors, who have a pay relativity with craftsmen, were
granted the allowance from the same date. The Union claims that
the allowance should be paid to working foremen, on a phased basis
from 1st December, 1986 (the effective date for the general
operatives) as their work is more akin to that of general
operatives than to other supervisory grades. The Corporation
rejected the claim and as local discussions failed to resolve the
issue the dispute was referred to the conciliation service of the
Labour Court on the 5th July, 1988. A conciliation conference
took place on 21st September, 1988 (the earliest date suitable to
both parties) but no agreement was reached. The dispute was
referred to the Labour Court for investigation and recommendation
on the 9th November, 1988. A Court hearing took place in Limerick
on the 18th January, 1989.
UNION'S ARGUMENTS:
3. 1. Working foremen are employed on road maintenance,
sewerage, waterworks and cleansing departments and are
expected to do the same physical work as general operatives.
They work in the same conditions digging ditches repairing
water mains in all types of inclement weather and are expected
to lead by example in relation to the general work involved.
They are treated differently to other supervisory grades in
relation to transport being provided, and no other allowances
whatsoever are paid to them. They are not part of the
emergency service provided by the Corporation as is the case
with other supervisory grades. Their holiday entitlements and
modified sick leave arrangements are also less favourable than
these grades. In the majority of cases their working
conditions are the same as general operatives. The Union has
claimed the "eating on site" allowance on behalf of working
foremen since 1987. The Corporation have refused to pay the
allowance from 1st December, 1986 on the grounds that foremen
enjoy a relativity with craftsmen. The allowance however, has
no connection with basic pay and was agreed with the Local
Government Staff Negotiations Board subject to specific
conditions (details supplied to the Court).
2. The cost involved in the concession of this claim is
approximately #4,300, as the grade of working foremen is
unique to Limerick Corporation only. Their working conditions
do not compare to other supervisory grades - who are not
obliged to undertake any physical work - merely to supervise.
Supervisory grades also enjoy higher earning potential and
enjoy transport concessions from the Corporation. No
precedent would be set if a recommendation was issued in the
Union's favour.
CORPORATION'S ARGUMENTS:
4. 1. The dates of application of the "eating on site" allowance
for general operatives and craft grades were determined by
national agreement. Foremen together with the other
supervisory grades are directly related to craftsmen for pay
purposes. They receive exactly the same percentage pay
increases and craft analogues as craftsmen. The current rate
of pay for working foremen is #199.98 per week (no scale)
which is equivalent to the 10th point of the 12 point craft
scale. Foremen enjoy a considerably higher rate of pay than
general operatives. Because foremen are regarded as craftsmen
for pay purposes they have enjoyed greater cumulative pay
increases in percentage and monetary terms than their general
operative colleagues. In the 25th pay round, and in the first
two phases of the current pay round, foremen have received a
cumulative increase of #29 per week while semi-skilled and
general operatives in the Corporation have received #22 per
week.
2. The Union argue that foremen do not enjoy working
conditions similar to other supervisory grades. While
accepting that working conditions are not similar in every
respect, the Corporation would contend that of necessity there
must be some differences because of the nature of the
foremens' responsibilities. In any event working conditions
are not relevant to the phasing in of the "eating on site"
allowance. The dates of application of the various phases of
the allowance were determined nationally by reference to pay
levels and pay relationships. For the Union's benefit the
Corporation checked the matter with the Department of the
Environment who fully agreed with the Corporation's
interpretation of the issue. The Union were informed of the
Department's response (details of all correspondence supplied
to the Court).
3. Pay levels and pay relationships determined the dates of
application of the various phases of the "eating on site"
allowance for the grades concerned. Further evidence of this
is to be found in the manner in which the 25th pay round
agreement was implemented for general operatives grade. The
earlier payment of the allowance was partially offset in the
payment of the 4th phase of the 25th pay round, which was
effective from 1st May, 1987. Instead of receiving a full
#3.07 per week increase in basic pay, general operatives
received #1.42 increase per week in basic pay and the balance,
#1.65 per week was paid as the 2nd phase of "eating on site"
allowance.
4. Serious consideration must be given to the repercussive
effects that a departure from nationally agreed arrangements
could have, not only amongst craft and supervisory staffs
within the Corporation, but throughout the local authority
service. Such a departure would cause serious industrial
relations problems and considerable financial costs to local
authorities, who are already financially overburdened, and
render national agreements meaningless.
RECOMMENDATION:
5. Having regard to the relativity of pay rates of the workers
concerned with craftsmen the Court does not recommend concession
of the Union's claim.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
9th February, 1989 Deputy Chairman.
T.O'D./J.C.