Labour Court Database __________________________________________________________________________________ File Number: CD89518 Case Number: LCR12642 Section / Act: S67 Parties: TIPPERARY (NORTH RIDING) COUNTY COUNCIL - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION;FEDERATED WORKERS UNION OF IRELAND |
Claims for an increased daily mileage allowance, a reduction in the qualifying distance from 7 miles to 3 miles and the introduction of a distance related mileage allowance for road workers and a direct labour gang when they travel more than 7 miles from their home base.
Recommendation:
5. The Court having considered the submissions from the parties
is of the view that the Council offer of #3.47 from 3rd May, 1989
should be accepted. The Court does not recommend concession of
the other aspects of the claim.
Division: Ms Owens Mr McHenry Mr O'Murchu
Text of Document__________________________________________________________________
CD89518 RECOMMENDATION NO. LCR12642
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: TIPPERARY (NORTH RIDING) COUNTY COUNCIL
AND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
FEDERATED WORKERS UNION OF IRELAND
SUBJECT:
1. Claims for an increased daily mileage allowance, a reduction
in the qualifying distance from 7 miles to 3 miles and the
introduction of a distance related mileage allowance for road
workers and a direct labour gang when they travel more than 7
miles from their home base.
BACKGROUND:
2. Since March, 1972, a daily allowance has been paid to the
workers involved when they travel more than 7 miles from their
home bases. At various times since, the Unions have claimed
increases in the allowance. The Council has offered and the
Unions have accepted increases in the allowance of a percentage
equal to the percentage increase in the travel allowance granted
to officers in the intervals between claims. In May, 1988 the
Unions lodged the present claim and on the 27th February, 1989,
the Council offered to increase the allowance having regard to
this established practice, i.e. by 19.9% to #3.47p. The Unions
would accept this for distances of between 3 and 7 miles but they
seek an allowance of #6.94p for distances of between 7 and 10
miles and that the Council should provide transport for distances
over 10 miles or pay the mileage allowance paid to overseers. The
matters were referred on 17th April, 1989 to the conciliation
service of the Labour Court. A conciliation conference was held
on 6th June, 1989 at which settlement was not reached and on 24th
July, 1989 the matter was referred to a full hearing of the Labour
Court. The hearing took place in Limerick on 12th October, 1989.
UNION'S ARGUMENTS:
3. 1. When the daily travelling allowance for road workers was
negotiated it was not envisaged that they would have to travel
more than 3 or 4 miles from their base to their workplace.
Due to a reduction in the workforce in recent years the road
workers are required to cover a greater area and consequently
their average journey to work has increased to nearly seven
miles per day. The road workers should be compensated for
their extra travelling requirement by reducing the present
band to 3 miles for qualification for the daily travelling
allowance. For three to seven miles the Union accepts the
Council's offer of #3.47 per day, for seven to ten miles the
Union seeks #6.94 per day and for over 10 miles the Union
seeks that Council transport be provided or the mileage
allowance applicable to overseers be paid.
2. The direct labour gang employed on sanitary services
competes for work on the open market and is required to cover
extremely long distances (up to 40 miles) to carry out major
water and sewage works. The Union is claiming a similar
increase to that of the road workers for these workers with
appropriate retrospection.
3. Both the road and sanitary workers have been hit more
savagely by cut-backs in the Council than any other group and
the Unions claim is reasonable and should be conceded in full.
COUNCILS' ARGUMENTS:
4. 1. The Council is extremely concerned at the impact which the
Unions claims will have both on its finances and the long-term
employment prospects of its employees. Implementation of the
claims could only result in reduced works programmes and
short-time working for long periods of the year.
2. The Council has already conceded the increase in the
travelling allowance from #2.90 to #3.47 day as sanctioned by
the Department of the Environment. The Council is not in a
position to provide the funds necessary to change the travel
bands and would plead inability to pay should the Court decide
to grant the claim.
3. Historically the Council has reviewed travelling
allowances in line with the percentage increases in public
service mileage rates and does not accept any change in this
long standing relationship.