Labour Court Database __________________________________________________________________________________ File Number: CD90476 Case Number: LCR13130 Section / Act: S67 Parties: CAVAN COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute regarding the payment of Subsistence Allowances to craftsmen.
Recommendation:
5. The Court having considered the submissions of the parties
oral and written finds as follows:-
1. That payment of subsistence to the workers concerned in
the past has been made on the basis of an understanding
which existed between the parties.
2. That the arrangements which existed should be continued
to the end of November, 1990.
3. That the parties should immediately discuss arrangements
in respect of the payment of subsistence and arrange for
procedures to be agreed which will be in accordance with
the regulations regarding the payment of subsistence.
In the event the parties cannot reach agreement, the Court shall
be prepared to give such assistance as may be requested.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD90476 RECOMMENDATION NO. LCR13130
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CAVAN COUNTY COUNCIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute regarding the payment of Subsistence Allowances to
craftsmen.
BACKGROUND:
2. 1. The issue in dispute is the payment of subsistence
allowances to staff of Cavan County Council when working
anywhere away from their base in the machinery yard. The
dispute arose when a fitter claimed subsistence allowance for
working .6 miles away from the machinery yard.
2. The Union contend that a verbal agreement of 5 years ago
was made with an official of the Council to the effect that
craftsmen working anywhere away from the machinery yard
irrespective of whether they were working within Cavan town
environs were paid subsistence allowances. The Union claim
that the agreement was broken when the Council refused to pay
the fitter.
3. The County Council claim that no agreement existed and
that, although there are some exceptions, the subsistence
regulations as laid down in the Local Government (Officers)
Regulations, 1943 are specific.
4. As no agreement was reached locally the dispute was
referred to the conciliation service of the Labour Court.
Conciliation conferences were held on 31st May and 21st
August, 1990. A negotiated settlement was not possible and
the Union asked that the dispute be referred to a full Court
hearing. A Labour Court investigation took place in Cavan on
20th November, 1990.
UNION'S ARGUMENTS:
3. 1. The dispute, which concerns 14 members employed by Cavan
County Council, as plumbers, electricians and fitters, arose
when the Council unilaterally broke a long standing agreement
on the payment of subsistence allowances. The lunch allowance
of #2.71 per day is paid to members working outside their
base.
2. The agreement which obtained up to 31st March, 1990 was
made verbally with an Administrative Officer of the Council to
the effect that an allowance was payable to craftsmen while
working in the Cavan town area even though the yard where the
members are based is within the Cavan Urban area. Proof that
an agreement existed can be demonstrated by the fact that an
electrician was paid the allowance consistently since January,
1985. The lunch allowance of #2.71 per day is normally
payable when absent from base for over 7 hours.
3. A fitter made a claim for this allowance while working at
a fire station .6 miles from base and it was this claim which
moved the Council to rescind the agreement. While the Council
has never denied that an agreement existed, they claim that it
was an unfair extension of a special arrangement made with the
Union for one plumber working on the conversion of an old bank
building into offices. The Union refutes this and points out
that other grades when operating in an adjoining area with a
different chargehand enjoy the benefit of the subsistence
allowance when possibly only 100 yards from base.
4. The Union further refutes the recent contention by the
Council that the base is Cavan town. This is a redefinition
and was never agreed with the Union.
COUNCIL'S ARGUMENTS:
4. 1. Payment of subsistence and day allowances in local
authorities is governed in the first instance by Article 17 of
the Local Government (Officers) Regulations 1943 (details
supplied to the Court). In addition Circular Letter EL7/52 of
23rd June, 1952 from the Department of Local Government
authorises a departure from the terms of Article 17(2) of the
regulations to permit the payment of day allowance in respect
of a period of absence from home greater than 7 hours but less
than 10 hours. The above regulations became applicable to
non-officer grades over subsequent years.
2. The claimants in this case are based in Cavan town and
enjoy a one - hour lunch break. They are therefore not
prevented from going home to avail of lunch. The principle of
subsistence allowances is that they are paid to staff who are
required to undertake journeys on official business and/or to
absent themselves from base for extended periods of time.
3. In certain circumstances special provision has been made
in the past to permit the payment of subsistence allowances to
craftsmen who are not absent from base for at least 7 hours.
This generally occurs when a member of staff is absent over
lunch and would highlight the fact that the payment of
subsistence would not be warranted in normal circumstance.
4. Having closely questioned the officer concerned with the
alleged agreement of January, 1985, the Council can find no
evidence of any agreement as alleged by the Union. In any
event an agreement of this nature would have to be agreed by
senior management.
RECOMMENDATION:
5. The Court having considered the submissions of the parties
oral and written finds as follows:-
1. That payment of subsistence to the workers concerned in
the past has been made on the basis of an understanding
which existed between the parties.
2. That the arrangements which existed should be continued
to the end of November, 1990.
3. That the parties should immediately discuss arrangements
in respect of the payment of subsistence and arrange for
procedures to be agreed which will be in accordance with
the regulations regarding the payment of subsistence.
In the event the parties cannot reach agreement, the Court shall
be prepared to give such assistance as may be requested.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
_________________________
19th December, 1990. Deputy Chairman
J.F./J.C.