Labour Court Database __________________________________________________________________________________ File Number: CD89390 Case Number: AD8981 Section / Act: S13(9) Parties: CORK COUNTY COUNCIL - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Appeal by the Union against Rights Commissioner's Recommendation No. GC 6/88 regarding North Cork refuse crews work on Church Holidays.
Recommendation:
6. Having considered the submissions from both parties the Court
does not find sufficient grounds for altering the Rights
Commissioner's recommendation.
The Court accordingly rejects the appeal and so decides.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD89390 APPEAL DECISION NO. AD8189
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 13(9)
PARTIES: CORK COUNTY COUNCIL
AND
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation No. GC 6/88 regarding North Cork refuse crews work
on Church Holidays.
BACKGROUND:
2. There are three refuse collection service divisions operating
in the County, i.e. North Cork, South Cork and West Cork. In the
North Cork area three refuse crews operate consisting of a total
of twelve workers. Traditionally, the refuse crews in North Cork
worked on Church Holidays for which they were paid eight hours
plus double time. In August, 1987 the Council changed the method
of payment to that operating in the other divisions, so that the
workers received a normal day's pay for work on Church Holidays
but received an extra days annual leave. At the same time, the
system of work which applied in respect of Public Holidays was by
agreement, also altered. Previously, no collection was made on a
Public Holiday and the additional load was collected on the
corresponding day of the following week, for which some overtime
was applicable. The new system involves an additional days
collection usually on the Saturday preceding the Public Holiday
for which the workers receive double time. The Union rejects the
new arrangements for working in respect of Church Holidays and has
claimed that the previous arrangements should be re-introduced.
On 3rd October, 1988 the Union referred the matter to the Rights
Commissioner's Service for investigation and recommendation. A
Rights Commissioner investigated the dispute on 2nd February, 1989
and issued the following recommendation-
" I find that the Council acted fairly in requesting the
alteration in the working arrangement for Church
Holidays and therefore the Union claim fails.
However, I recommend that the Council make a 'once-off'
payment of #50.00 to each member of the refuse crews
who are affected by the decision to alter the working
arrangement."
3. On 18th May, 1989 the Union appealed the recommendation of the
Rights Commissioner to the Labour Court under section 13(9) of the
Industrial Relations Act, 1969. The Court heard the appeal on
24th October, 1989, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
4. 1. Refuse collectors in North Cork have over the years been
required to work on Church Holidays, while the Council's
normal workforce had a day's leave. Payment in respect of
this work was always double time and eight hours basic pay.
This has always been acknowledged by the Council to be the
position in North Cork as per the Union/Council 1979
agreement. Clause 14 of this agreement which deals with
grievances and procedures (details supplied to the Court),
clearly prohibits the Union from engaging in any industrial
action until all procedures have been exhausted and commits
the Council to honouring these procedures. However, the
Council has, in breach of this, unilaterally introduced these
changes.
2. The Union and workers have co-operated with the Council in
the introduction of a number of productivity measures and
cutbacks but despite this co-operation the Council has still
insisted on breaching the agreement. The arrangements for
compensating refuse crews in South Cork and West Cork were
agreed with these divisions and no change was imposed upon
them. There will be no repercussions from the other areas if
the system of payment in North Cork is restored. While it is
recognised that the Council is in a difficult financial
situation, this does not give it the right to unilaterally
change long standing agreements. The traditional method of
payment for work done on Church Holidays should apply and the
workers should be paid money due since August, 1987.
COUNCIL'S ARGUMENTS:
5. 1. In a time of severe Government financial cutbacks the
Council like all local authorities is obliged to apply prudent
financial constraint to the levels of all services. Due to
the Council's particularly poor financial position (details
supplied to the Court) constraints have had to be effected
across the board. This has required reductions in the level
of services, overtime working, travelling expenses and
recruitment. It has also been necessary for the Council to
reduce employment (details supplied to the Court). The change
has now brought the system operating in North Cork into line
with that in the other divisions.
5. 2. The Council is of the view that the revised system of
payment for Church Holidays was an integral part of a package
which included the introduction of the revised arrangements
for Public Holidays. It is unrealistic for the Union to claim
that in the context of discussions held that the Council
agreed to the revised public holiday arrangements without
acceptance of the revised Church Holiday arrangements. The
Council/Union Agreement on wages and conditions of employment
provides for the type of working and pay arrangements
implemented by the Council (details supplied to the Court).
The workers concerned are not in fact at a loss due to the
changes and concession of the claim would inevitably lead to
similar claims from other divisions.
DECISION:
6. Having considered the submissions from both parties the Court
does not find sufficient grounds for altering the Rights
Commissioner's recommendation.
The Court accordingly rejects the appeal and so decides.
~
Signed on behalf of the Labour Court,
Evelyn Owens
__17th__November,__1989. ___________________
U. M. / M. F. Deputy Chairman