Labour Court Database __________________________________________________________________________________ File Number: CD89486 Case Number: LCR12578 Section / Act: S67 Parties: GALWAY COUNTY COUNCIL - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim by the Unions on behalf of approximately 30 craftsmen and mates for an eating on site allowance.
Recommendation:
5. Having regard to the submissions made, the Court is of the
opinion that in view of the fact that the working hours of the
overwhelming majority of the Council's workers start at 8.30 a.m.
the Council's proposal to implement the allowance to provide for a
uniform start is reasonable. The Court, therefore, does not
recommend concession of the Unions' claim.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD89486 RECOMMENDATION NO. LCR12578
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: GALWAY COUNTY COUNCIL
UNION OF CONSTRUCTION, ALLIED TRADES AND TECHNICIANS
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim by the Unions on behalf of approximately 30 craftsmen
and mates for an eating on site allowance.
BACKGROUND:
2. In November, 1987, the Department of the Environment
sanctioned payment of an eating on site allowance to craft and
general operative grades in all local authorities. It was left to
the individual councils and unions to agreed the implementation of
the allowance, however, three conditions have to be met. They are
are as follows:-
(i) Meals are eaten on site and the facilities provided
for the partaking of meals are inadequate or
unsatisfactory.
(ii) The lunch break must not exceed 30 minutes.
(iii) The employee must attend work for not less than 6.50
hours in the day and at least 1.50 hours on either
side of the lunch break.
The Council has agreed in principle to the introduction of the
allowance, which is #1.13 per day, but the lunch hour must be cut
in half to meet the criteria. The Council has proposed a new
starting time of 8.30 a.m. as most of its other workers start at
this time, while the Unions wish to retain the 8.00 a.m. start
with a 4.30 p.m. finish. The craftsmen currently work from 8.00
a.m. to 5.00 p.m. with a one our lunch break between 1.00 p.m. and
2.00 p.m. As agreement could not be reached locally the issue was
referred on 2nd May, 1989, to the conciliation service of the
Labour Court. No agreement was reached at a conciliation
conference held on 28th June, 1989, and the matter was referred to
the Labour Court on 3rd July, 1989, for investigation and
recommendation. The Court investigated the matter on 7th
September, 1989, in Galway.
UNIONS' ARGUMENTS:
3. 1. The craftsmen have agreed to comply with the conditions
required to qualify for this allowance, even though it means a
lot of disruption to their daily routine. The craftsmen have
always had a one hour lunch break, where the majority went
home for their lunch in comfort and returned refreshed for an
afternoon's work. Now they will only have a half an hour for
lunch, which will be had in poor conditions because the
Council are only providing the minimum facilities required.
2. The Council is now insisting that, as well as complying
with the poor conditions, the craftsmen must also change their
official starting time. The starting time has always been
8.00 a.m. The eating on site allowance has nothing to do with
the starting time. The Unions are willing to discuss the
matter but it is unreasonable to try to use this situation to
achieve something that has no bearing on the conditions laid
down for receiving the allowance.
3. Nearly every other local authority is paying the
allowance. The Unions did not have to make any concessions to
acquire the allowance from the other local authorities apart
from complying with the conditions required.
COUNCIL'S ARGUMENTS:
4. 1. The Council wants to harmonise the starting and finishing
time of all its employees. Ninety per cent of these already
work from 8.30 a.m. to 5.00 p.m. as is the case in a number of
other local authorities, and this, is a valid opportunity to
bring a further group of workers under the desired working
hours. It would also bring their hours into line with the
engineering staff who supervise them.
2. Part of the work of the craftsmen involves repair and
maintenance of Council houses. The half hour between 4.30
p.m. and 5.00 p.m. is much more acceptable to tenants, whose
homes are being entered, than the half hour between 8.00 a.m.
and 8.30 a.m. Added to this the number of daylight hours
between 8.30 a.m. and 5.00 p.m. is greater than from 8.00 a.m.
to 4.30 p.m. therefore, an 8.30 a.m. start is more productive
and safer, particularly for outdoor work.
3. Under the terms of the Programme for National Recovery,
workers will be getting a one hour reduction in weekly working
hours. If this resulted in finishing one hour earlier on
Friday afternoon, it would result in a 3.30 p.m. finishing
time if a 4.30 p.m. finishing time was already in operation.
This would be totally unacceptable for a public authority
which exists for the purpose of providing services for the
public.
4. At present, the housing building maintenance operation is
controlled centrally from the County Buildings. Because of
the reduction in the number of employees including craftsmen
and mates due to redundancies etc., the Council is considering
putting the housing/building maintenance operation under the
control of the area engineers in the various districts. The
starting and finishing times of all employees under the
control of area engineers are 8.30 a.m. and 5.00 p.m.
RECOMMENDATION:
5. Having regard to the submissions made, the Court is of the
opinion that in view of the fact that the working hours of the
overwhelming majority of the Council's workers start at 8.30 a.m.
the Council's proposal to implement the allowance to provide for a
uniform start is reasonable. The Court, therefore, does not
recommend concession of the Unions' claim.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
28th September, 1989. Deputy Chairman.
B.O'N/J.C.