Labour Court Database __________________________________________________________________________________ File Number: CD88929 Case Number: LCR12425 Section / Act: S67 Parties: WESTERN HEALTH BOARD - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Union on behalf of 2 boilermen employed in the Sacred Heart Home Roscommon for compensation for loss of earnings.
Recommendation:
5. The Court has carefully considered the circumstances which
led to this claim, and the consideration shown to its employees by
the Board in attempting to ameliorate the effects of the change in
operation of the boilerhouse. The Court does not find grounds on
which to recommend concession of the Union's claim, which it
accordingly rejects.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88929 RECOMMENDATION NO. LCR12425
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WESTERN HEALTH BOARD
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Union on behalf of 2 boilermen employed in the
Sacred Heart Home Roscommon for compensation for loss of earnings.
BACKGROUND:
2. The Board, in an effort to reduce fuel and labour costs,
decided to convert the boilers in the Sacred Heart Home from solid
fuel to oil. The boilers now require much less attention and
maintenance. As a result two workers have been redeployed to
ground maintenance since August, 1988. Whilst the workers have
retained their basic rate of pay their removal from the
boilerhouse has resulted in a considerable loss of earnings,
amounting to #51.99 per fortnight. These earnings were made up of
shift, Saturday and Sunday premiums. This loss will be on-going.
The Union is claiming compensation of double the annual loss. The
Board has rejected the claim on the basis that it has to cut costs
and make savings in all areas. This has been done in such a way
as to minimise the effect on staff. As agreement could not be
reached locally the matter was referred on 10th October, 1988, to
the conciliation service of the Labour Court. No agreement was
reached at a conciliation conference held on 23rd November, 1988,
and the matter was referred to the Labour Court on 5th December,
1988, for investigation and recommendation. The Court
investigated the dispute on 2nd May, 1989, (earliest date suitable
to the parties), in Longford.
UNION'S ARGUMENTS:
3. 1. The lost earnings were an integral part of overall
earnings for a considerable length of time. They arose out of
work patterns required by the Board. There was no
discretionary element in the work pattern, as might have
occurred if the loss of earnings included overtime.
2. The Board will benefit considerably from this productivity
exercise. Manpower for this function will be reduced to
practically nothing on an ongoing basis and fuel costs will be
lower.
3. The Board argues that due to financial circumstances it
cannot afford to pay compensation. The Union, however, argues
that the decision to change to oil fired heating pre-dates the
recent government financing policies. There will always be a
choice between payment of staff and provision of services
irrespective of the overall budgetary situation, and the Board
has paid compensation in the form of redundancy/early
retirement to many staff even when in the throes of a
financial crisis.
4. The Sacred Heart Home has generally remained within its
budget over the years. The claim does not result from
budgetary cut-backs. The workers concerned have co-operated
fully with the rationalisation.
BOARD'S ARGUMENTS:
4. 1. The claim cannot be sustained in view of the Board's
critical financial difficulties, which have resulted in a
number of economy measures being undertaken. The budget at
the Sacred Heart Home was overspent by #75,000 at the end of
1988.
2. During discussions with the Union concerning the
boilerhouse, a number of options for the staff were put
forward by management. These included:-
(a) Redeployment to boilerman posts at Swinford with
similar wages, premia and conditions.
(b) Voluntary redundancy.
(c) Redeployment to the ward/kitchen area within the
Sacred Heart Home, with the opportunity to earn
premium payments.
These proposals were rejected by the boilermen.
3. The Board considers that priority in the application of
funds should be given to preserving employment levels. All
grades of staff have been affected by the cut-backs.
Overtime, weekend and shift working has been reduced or
eliminated in a number of areas.
4. 4. Similar claims have been rejected by the Labour Court in
the past. In a similar case concerning boilermen in the Mid
Western Health Board, the Court in LCR12212 recognised the
severe financial constraints under which that board was
obliged to operate.
5. Concession of the claim can only be done at the expense of
further cutbacks in services or manpower. It would also give
rise to an expectation of compensation to other employees
whose earnings have been affected by economy measures.
RECOMMENDATION:
5. The Court has carefully considered the circumstances which
led to this claim, and the consideration shown to its employees by
the Board in attempting to ameliorate the effects of the change in
operation of the boilerhouse. The Court does not find grounds on
which to recommend concession of the Union's claim, which it
accordingly rejects.
~
Signed on behalf of the Labour Court,
Evelyn Owens
___30th___May,____1989. ___________________
B. O'N. / M. F. Deputy Chairman.