Labour Court Database __________________________________________________________________________________ File Number: CD90247 Case Number: LCR12933 Section / Act: S67 Parties: TEAGASC - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union on behalf of a farm labourer concerning the payment of disturbance money.
Recommendation:
5. Management have indicated that they are seeking an increased
milk quota which if conceded will require the worker involved to
be full-time at Ballyderown. Pending a decision on this issue,
the Court recommends that the worker stay at Ballyderown. The
Court also recommends that the management and Union discuss the
overall staffing needs at Moorepark, Ballyderown and Curtins farm.
Division: CHAIRMAN Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD90247 RECOMMENDATION NO. LCR12933
INDUSTRIAL RELATIONS ACT, 1946 TO 1976
SECTION 67
PARTIES: TEAGASC
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union on behalf of a farm labourer concerning the
payment of disturbance money.
BACKGROUND:
2. The worker concerned has been employed as a farm labourer for
26 years at Moorepark Research Station. There are two farms on
the station (Ballyderown farm and Curtins farm). The worker
concerned has always worked at Ballyderown farm. In July, 1989,
the Ballyderown milk quota was reduced from C.125,000 to C.70,000
gallons and as a result the herd size was reduced. Three workers
had been engaged in milking duties at the farm but due to the herd
reduction this was one more than required. On Curtins farm there
was a need for a relief worker for two days per week. On 27th
February, 1990, the worker here-concerned was requested to
transfer from Ballyderown to Curtins farm for two days per week,
effective from 1st March, 1990. This arrangement was to be for
three months, during which time the Authority would address the
question of a more permanent manning arrangement. The Union
objected to this arrangement on the grounds that it would mean a
major change in the worker's conditions of employment. At a
meeting on 14th March, 1990, the worker agreed to transfer to
Curtins farm under protest pending the referral of the matter on
29th March, 1990, to the conciliation service of the Labour Court.
No agreement was reached at a conciliation conference held on 23rd
April, 1990, and the dispute was referred to the Labour Court on
22nd May, 1990, for investigation and recommendation. Prior to
the Court's investigation of the dispute on 30th May, 1990, the
workers voted to take industrial action over the staffing
arrangements. The serving of strike notice has been deferred
pending the issuing of the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The worker concerned has worked at Ballyderown farm for
the last 26 years. If he is transferred to Curtins farm which
is 2.7 miles away it will mean that he has an earlier start in
the morning and later finish in the evening. He will be
unable to return home for lunch and will require a car to
travel to and from Curtins farm. If he uses his own car his
wife will be left without transport to take the children to
school. For all these changes and for using his own car the
Authority is offering only #2.67 per day.
2. Originally there had been a manning level of nine workers
between Curtins and Ballyderown farms. Currently there is a
manning level of five - three at Ballyderown and two at
Curtins farm. The relief worker is expected to come from
Ballyderown farm. The present position is so ridiculous that
some workers are working seven days per week since October,
1989. This is a most unsafe practice and will have serious
consequences for the workers if left to continue. The workers
will not continue to work such anti-social hours with no days
off.
3. The Authority has unilaterally changed the worker's
conditions of employment. Despite agreement that the worker
would only work two days per week at Curtins, the Authority
forced him to work three days at Curtins in the week
commencing 23rd April, 1990. Any changes in the conditions of
employment can only take place with Union agreement.
4. Three months have passed since the Authority gave a
written commitment to address the question of a permanent
solution to the staffing problems and no developments have
taken place. The Union requests the Court to recommend an
additional ten workers immediately and should a worker agree
to a transfer, a minimum payment of #20 per day be applied.
AUTHORITY'S ARGUMENTS:
4. 1. The Authority must operate within the regulations on
public service travel and subsistence. These provide that on
temporary transfer a worker is paid travel expenses for
commuting between his normal place of work and his temporary
base. These expenses have been offered by the Authority.
2. The degree of inconvenience involved in having to travel
only 2.7 miles to Curtins farm is of a relatively minor
nature. Facilities for cooking hot meals are available at
Curtins farm and subsidised canteen facilities are available
at the main Moorepark station, which is about half a mile from
Curtins.
3. In a previous case involving the temporary transfer for
six months of a worker from Ballyderown to Curtins farm, the
worker was paid the normal travel expenses for the duration.
The circumstances of this case do not warrant departure from
the procedures adopted at that time.