Labour Court Database __________________________________________________________________________________ File Number: CD8991 Case Number: LCR12384 Section / Act: S67 Parties: EASTERN HEALTH BOARD - and - FEDERATED WORKERS UNION OF IRELAND |
The payment of a driving allowance for one driver.
Recommendation:
5. Having considered the submissions made by the parties and the
background circumstances of the case, the Court does not find
grounds for conceding the Union's claim.
Division: CHAIRMAN Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD8991 RECOMMENDATION NO. LCR12384
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: EASTERN HEALTH BOARD
and
FEDERATED WORKERS UNION OF IRELAND
SUBJECT:
1. The payment of a driving allowance for one driver.
BACKGROUND:
2. In 1987 the boilerhouse in Cherry Orchard Hospital was
automated and as a result the services of the boilermen were no
longer required. Two boilermen availed of early retirement while
the remaining two were re-deployed to other positions with the
hospital's maintenance staff. The worker concerned with this
claim was re-deployed into a vacant position for a driver and
retained his rate of pay as a boilerman, on a personal basis.
Compensation for his loss of shift allowances and payments was the
subject of a Rights Commissioner's hearing on 8th June, 1988 and a
formula of forty eight times the weekly loss was recommended. The
Rights Commissioner deducted the difference between the
boilerman's rate of pay and the general operative rate of pay from
the overall weekly loss when recommending a settlement formula.
Both sides appealed this Recommendation and in an appeal decision
No AD2888 the Labour Court upheld it.
2. The Union now claim that the worker should be paid a driving
allowance of #4.95 per week in respect of his driving duties. The
Health Board are not prepared to pay an allowance to a worker
whose basic rate of pay is already higher than that of a driver.
A driving allowance is paid to general operatives who have a
lesser rate of pay than drivers and who are required to carry out
driving duties from time to time.
3. This claim was the subject of a conciliation conference on
13th February, 1989 and as no agreement was reached both parties
agreed to refer the matter to the Labour Court. The Court
investigated the dispute on 27th April, 1989.
UNION'S ARGUMENTS:
3. 1. The worker was re-deployed as a driver in the
maintenance department of Cherry Orchard hospital. Pay
structures in the Eastern Health Board recognise the fact that
drivers are paid a higher scale than that of the general
operative grade.
2. There is a driving allowance of ninety nine pence per
day for general operatives who are engaged in driving duties.
The worker is engaged continuously on driving duties but also
performs general operative duties such as changing oxygen
bottles and cleaning work centres.
3. The Eastern Health Board state that they cannot concede
the claim because the rate of pay of the worker concerned is
red-circled. A Rights Commissioner has already used the
difference between the boilerman's rate of pay and the general
operative rate of pay to reduce the level of compensation for
loss of shift allowances and payments.
BOARD'S ARGUMENTS:
4. 1. A weekly driving allowance of #4.95 is normally paid to
general operatives when they are assigned to driving duties.
The general operative rate of pay is #156.93 while the
driver's rate is #165.69. The worker concerned with this
claim retained his boilerman's rate of pay of #168.48 on a
personal basis and so his rate is in excess of that of the
driver's scale.
2. The Board has defined salary scales for all categories
of staff in its employment. Allowances are only paid to staff
who work outside of their normal duties. A driver would not
be paid a driving allowance. The worker was offered and
accepted a vacant driver position. He accepted the terms and
conditions of employment for a driver's position. The only
difference between his terms and those of other drivers is
that he enjoys a higher rate of pay.
3. A number of boilerhouses have been closed over the past
number of years. The closures have led to a well-established
method of compensation for loss of earnings and re-deployment
of staff. All re-deployed boilermen have accepted the
conditions for their new positions while retaining their rates
of pay on a personal basis. No re-deployed boilerman is in
receipt of any allowance not normally paid to the general body
of workers to which he now belongs.
4. The worker has been fairly treated in that when a
genuine redundancy situation arose he was re-employed within
his own working area. Concession of this claim could have
repercussive effects by way of similar claims from other
drivers who have not previously qualified for a driving
allowance.
RECOMMENDATION:
5. Having considered the submissions made by the parties and the
background circumstances of the case, the Court does not find
grounds for conceding the Union's claim.
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Signed on behalf of the Labour Court
Kevin Heffernan
11th May, 1989 ---------------
A.McG/U.S. Chairman