Labour Court Database __________________________________________________________________________________ File Number: CD88935 Case Number: LCR12231 Section / Act: S67 Parties: WEXFORD COUNTY COUNCIL - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim by the Union concerning the redeployment of drivers to road work duties.
Recommendation:
5. In arriving at a decision in this case the Court took into
account in particular the following factors:-
(a) a Union/Management Agreement of 1979,
(b) the financial position of the County Council,
(c) the statement from the County Council with regard
to the machinery yard, and
(d) The method of selection for redeployment used last
year.
The Court is of the view that the Union's concern for the future
of the yard is not well founded. The Court also considers that
the County Council's proposals to redeploy some machinery
operatives on a 'seniority in depot' basis, although a change from
the system used last year is not unreasonable in the circumstances
now prevailing and is not in breach of the 1979 Agreement. The
Court accordingly does not recommend concession of the claim.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD88935 RECOMMENDATION NO. LCR12231
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WEXFORD COUNTY COUNCIL
AND
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim by the Union concerning the redeployment of drivers to
road work duties.
BACKGROUND:
2. The Council employs a total of 28 drivers in 4 depots
throughout the county in its roads department. In late 1987, and
early 1988, due to lack of funds for roadworks, the drivers were
redeployed to other areas on the basis of overall seniority. The
redeployment terminated in Spring, 1988. The Council in November,
1988, indicated its intention to again redeploy 13 of the 28
drivers. Those drivers to be redeployed would be chosen from
within the 4 depots on a depot by depot seniority basis. The
redeployed drivers would maintain their rates of pay and
allowances while redeployed. The Union rejected the notion of
redeployment on the grounds that there was no necessity for
redeployment and that the redeployment was in contravention of
normal agreements relating to seniority and the 1979 Machinery
Operatives Agreement. As no agreement could be reached at local
level the matter was referred to the conciliation service of the
Labour Court. An interim arrangement was agreed at a conciliation
conference held on 28th November, 1988, whereby 13 drivers would
be redeployed on overall seniority basis and where this results in
relocation (2 drivers only were affected) expenses will be paid on
the basis of the difference in distance involved in travelling to
the new base as against the old one. This arrangement to be
operated pending the outcome of an investigation by the Labour
Court, to whom the matter was referred on 6th December, 1988. A
Court investigation into the dispute took place on 21st December,
1988, in Kilkenny.
UNION'S ARGUMENTS:
3. 1. The Union does not accept that there is a need for further
redeployments. During the course of 1988, the Council
required the workers to work overtime which used up money that
could be available to maintain employment at this time of
year. The Council also used a lot of contractors and hired
plant during 1988, which again used up money that could be
available to maintain employment now.
2. The Council does not yet know what its financial position
will be for 1989 as road grants have not been notified. The
Council's belief that road grants will be less than last year
cannot be justified as the overall exchequer grant is the same
as last year.
3. The proposal to introduce redeployment on a depot basis is
in breach of agreements previously entered into on seniority.
These agreements include the previous agreement on
redeployment and on the filling of vacancies. The proposal to
operate to seniority but not to pay travelling expenses or
provide transport would be breach of the 1979 Machinery
Operatives Agreement. The Union fears that this may be an
attempt by the Council to operate the machinery yard on a
seasonal basis only.
4. There is plenty of additional work available for the
drivers, such as the painting of trucks, which could be
carried out. The Council has just bought a number of trucks
that will be left idle for the period of the redeployment
which is a waste of money.
5. There is minimal financial gain to the Council by
implementing redeployment on their terms when compared to the
terms which emanated from the conciliation conference and were
accepted by the workers. The fact that by abandoning
seniority in the case of their proposals regarding depots and
by challenging the 1979 agreement in the case where they agree
to overall seniority is seen as vindictive in view of the
minimal financial gain.
COUNCIL'S ARGUMENTS:
4. 1. Prior to the 1979 agreement all the drivers were based in
the machinery yard in Enniscorthy. The 1979 agreement
established 4 depots in various locations in the County and
each driver was assigned to a depot. Although some provision
was made for a change of base, the parties did not foresee the
current redeployment situation.