Labour Court Database __________________________________________________________________________________ File Number: CD89632 Case Number: LCR12706 Section / Act: S67 Parties: WATERFORD CORPORATION - and - IRISH TRANSPORT AND GENERAL WORKERS UNION |
Claim on behalf of full-time personnel employed in the Corporation's fire service, for:- (A) Meal/free time disturbance payment (B) An additional meal allowance of #2.60 per week payable when a fireman's break time is reduced.
Recommendation:
Having considered the submissions from the parties the Court is of
the view that the Corporation's offer (as contained in their
submission to the Court) should be amended by the deletion of
Clause 1.
The Court recommends that the offer as so amended be accepted by
the Union in settlement of the two aspects of the claim
Division: Ms Owens Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD89632 RECOMMENDATION NO. LCR12706
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WATERFORD CORPORATION
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
SUBJECT:
1. Claim on behalf of full-time personnel employed in the
Corporation's fire service, for:-
(A) Meal/free time disturbance payment
(B) An additional meal allowance of #2.60 per week payable
when a fireman's break time is reduced.
BACKGROUND:
2. In 1979, a two shift system of attendance was introduced for
full-time firemen. It was introduced on the condition that full
time firemen are available to respond to emergency calls outside
normal working hours. The two shift system provides cover between
the hours of 9.30 a.m. - 10.30 p.m. Monday-Monday. During these
hours firemen have a rostered one hour break, detailed as
follows:-
12.45 p.m. - 1.45 p.m. (Day Roster)
1.45 p.m. - 2.45 p.m. (Day Roster)
5.30 p.m. - 6.30 p.m. (Evening Roster)
6.30 p.m. - 7.30 p.m. (Evening Roster)
In 1986, the Union lodged a claim that, when a fire occurs during
breaks or when a fire overlaps on rostered free time firemen are
entitled to a meal disturbance payment and that an additional
payment of #2.60 per week should apply when the rostered one hour
break is reduced. Both claims were discussed at local level for
some time. They were the subject of Labour Court conciliation
conferences on 10th August, 1989 and on 25th August, 1989. No
agreement was reached on either issue. The Union requested a full
Labour Court hearing. The Corporation agreed and the Court
investigated the dispute in Waterford on 14th December, 1989.
UNION'S ARGUMENTS:
3. 1. When a fire occurs during free-time, personnel are
summonsed to the station. They are paid the appropriate fire
fee payment because their free-time/meal hour (which does not
form part of their 40 hour week for payment purposes), is
interfered with. If firemen are unable to leave the station
at their specified rostered free time because of a fire or
fire overlaps, a free time disturbance payment similar to that
which already applies to situations when a fire call is
received at 10.15 p.m. and ends after 10.30 p.m., should be
paid.
2. An additional meal allowance of #2.60 per week should be
paid to firemen when they are recalled to the station during
their meal hour.
3. The rostered free time was agreed by both parties as
part of the two shift cycle of attendance for full-time
firemen. Any interference with the agreed free time should be
compensated for. Galway's fire service has a system of
payment in operation for several years which compensates
full-time firemen for meal/free time disturbance.
4. Any changes to the agreed rostered free time, such as a
one hour common meal break would not solve the issues. A
common meal time would change agreed procedures. Amendments
to the system in operation would have to form part of further
discussions on rosters.
CORPORATION'S ARGUMENTS:
4. 1. Full-time firemen who are recalled during meal breaks
are paid the first hour call-out rate and are allowed
alternative meal breaks according to circumstances. Those
detained during meal break are allowed a delayed break as soon
as circumstances allow.
2. The Corporation is not in a position to consider
improvements in the condition of any group of workers.
However, in response to the grievances as submitted by full
time firemen, the Corporation has made the following offer:-
"1. The Corporation would change the meal-break
from present two-hour spread, to one hour to
be agreed.
2. The Corporation would retain existing terms of
payment for recall during meal-break.
3. The Corporation would apply the same
conditions as at no. 2 to fire-call which
overlaps normal commencement time of
meal-break by 30 minutes or more.
4. The Corporation could not entertain the claim
for payment of #2.60 except in the context of
duties which would not allow personnel to go
home to meals in the normal course."
3. Comparability with Galway has been cited by the Union as
a basis for the claim. Waterford Corporation has a limited
relationship with Galway (LCR3931) via Drogheda and Dundalk.
This does not extend to treatment of meal-breaks, which is a
matter for local settlement based on operational
circumstances. Furthermore, in the case of Galway, when
firefighters are recalled during meal-break and receive first
hour call-out payment, they forfeit the right to alternative
meal-breaks - the matter is at the discretion of the Station
Officer to decide in the particular circumstances. A claim
related to meal allowance by firemen in Sligo Co. Council and
based on comparability with Galway, was not upheld by the
Labour Court (LCR7202).
RECOMMENDATION:
Having considered the submissions from the parties the Court is of
the view that the Corporation's offer (as contained in their
submission to the Court) should be amended by the deletion of
Clause 1.
The Court recommends that the offer as so amended be accepted by
the Union in settlement of the two aspects of the claim
~
Signed on behalf of the Labour Court
Evelyn Owens
18th January, 1990 --------------
A. McG./U.S. Deputy Chairman