Labour Court Database __________________________________________________________________________________ File Number: CD89890 Case Number: LCR12826 Section / Act: S67 Parties: LIMERICK CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for the restoration of the posts of environmental foremen.
Recommendation:
5. The Court, having considered the submissions of the parties
considers it is not the function of the Court to decide on how the
services of the Corporation are provided.
In this case however, the Court considers that notwithstanding the
financial constraints placed on the Corporation, the manner in
which the posts of environmental foremen were supressed and the
failure of the Corporation to discuss the issue with the workers'
representatives gave rise to a serious sense of grievance and was
not conducive to the development or maintenance of good industrial
relations.
The Court recommends that for the future such issues should be the
subject of discussions with the workers' representatives through
the normal industrial relations procedures.
The Court does not recommend concession of the Union's claim.
Division: MrMcGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD89890 RECOMMENDATION NO. LCR12826
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: LIMERICK CORPORATION
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for the restoration of the posts of environmental
foremen.
BACKGROUND:
2. The posts of environmental foremen were originally created in
1977 with the objectives of assisting in keeping the City clean
and free of environmental nuisances by:-
- patrol on foot of designated areas of the city,
- identification of sources of environmental problems,
- liaison with the general public, residents associations on
environmental problems.
Three posts were filled (recruitment was from among the general
operatives in the Corporation) and the Corporation divided the
City in three parts with each individual responsible for a
designated area. Management also advertised internally in the
Cleansing Department to set up a panel of general operatives to
act as environmental foremen in the event of any of the permanent
men being absent for any reason. Two of these posts have been
left vacant since 1987 and the third post became vacant in 1989
when the holder was re-deployed to the post of porter in City
Hall. Supervisory staff in the Cleansing Department have now
taken on some of their functions. The Union is alleging that the
Corporation unilaterally suppressed these posts and sought to have
then restored. This is rejected by the Corporation which claims
that the posts were eliminated because of financial pressures and
because they failed to function effectively. In the absence of
agreement at local level the matter was referred to the
conciliation service of the Labour Court. A conciliation
conference on the 28th November, 1989, failed to resolve the
dispute and the matter was referred to the Labour Court for
investigation and recommendation. A Court hearing was held in
Limerick on the 31st January, 1990.
UNION'S ARGUMENTS:
3. 1. After appointing the three environmental foremen, the
Corporation interviewed the majority of the general operatives
in the Cleansing Department in order to form a relief panel.
This was a very positive approach as it motivated and gave an
opportunity to those involved to improve their status and gain
experience. The Corporation has now eliminated the only
avenue of promotion left within the Corporation for the
general operative grades.
2. The Corporation decided unilaterally, without consultation
or discussion, to eliminate these posts. As it was the City
Council which sanctioned the creation of these posts, it is
the only body which could eliminate them. In addition, the
Corporation's decision is also in breach of the 1982 Litter
Act.
3. The environmental foremen played an important role in the
City and their responsibilities increased over the years,
especially in regard to liaison with community and residents'
associations and the travelling community (full details of the
foremens' functions supplied to the Court).
4. There is now no monitoring or reporting of damage etc. to
public paths and roads. This will inevitably lead to
increases in public claims on the Corporation. The Union is
conscious of the restraints placed on the Corporation
regarding the lack of adequate financing and it has
co-operated fully in that regard over the last few years but
in this instance feels that if the Corporation succeeds in its
action it will only cost the taxpayer more in the long term
because of the curtailment of the service.
5. The Union questions the right of the Corporation to
implement these measures having regard to the Programme for
National Recovery.
CORPORATION'S ARGUMENTS:
4. 1. The reduction in staff numbers in the Corporation because
of budgeting constraints has been taking place for about 8
years, long before Government embargoes on recruitment and the
Voluntary Redundancy Early Retirement Scheme for Local
Authorities were introduced. These additional factors merely
hastened that process of rationalisation. Accordingly,
between 30th June, 1987 and 31st December, 1988, the number of
administrative and technical staff was reduced by 16.38% and
the number of employee grades by 15.36%. Therefore,
promotional opportunities have inevitably decreased throughout
the organisation as the numbers employed have declined.
4. 2. The Corporation has had to review continuously the
deployment of its human resources in order to meet its
statutory obligations and to improve the effectiveness and
efficiency of services. Many staff have had to be redeployed
or given additional duties and posts not essential to
requirements have had to be eliminated or at least left
unfilled.
3. The two environmental foremen posts which were left
unfilled when they became vacant in 1987 were not filled
because the Corporation was not satisfied with their
performance. Also following the Litter Act, 1982, the post of
Litter Warden had been created and inevitably there was some
degree of overlap between this post and those of Environmental
Foremen.
4. With regard to performance, the Corporation had difficulty
in seeing any results of significance from the Environmental
Foremen posts. Their weekly reports were generally a log of
areas visited but contained few if any details of problems
encountered or dealt with.
5. Though the foremen engaged in some limited liaison with
residents' associations, it was only to relay information back
to the supervisory staff of the Cleansing Section. However,
through their involvement in the organisation of Tidy
Districts Competitions etc., the supervisory staff came to
have more contact than the foremen with residents' association
leaders and got to know many of them personally. Therefore,
there came to be no need for the foremen to liaise with
residents' associations.
6. The foremen could initiate prosecutions for illegal
dumping etc. under the Sanitary Services Act, 1962, but very
few prosecutions were initiated. Admittedly, prosecutions
under the Sanitary Services Act were more cumbersome than the
on-the-spot fine powers which the Litter Act, 1982 gave to the
Litter Wardens. However, when the powers of Litter Wardens
were given to the one remaining Environmental Foreman, in
December, 1988, there was no improvement in performance and no
on-the-spot fines were issued.
7. The environmental foreman who was redeployed is to be made
head porter at the new Civic Offices. This will be a
promotional post to which general operatives can aspire,
should it become vacant. Similarily, general operatives have
the opportunity to compete for any of the 3 assistant
supervisor posts in the Cleansing Section and any of the 14
foreman posts within the Corporation should any of the posts
become vacant.
RECOMMENDATION:
5. The Court, having considered the submissions of the parties
considers it is not the function of the Court to decide on how the
services of the Corporation are provided.
In this case however, the Court considers that notwithstanding the
financial constraints placed on the Corporation, the manner in
which the posts of environmental foremen were supressed and the
failure of the Corporation to discuss the issue with the workers'
representatives gave rise to a serious sense of grievance and was
not conducive to the development or maintenance of good industrial
relations.
The Court recommends that for the future such issues should be the
subject of discussions with the workers' representatives through
the normal industrial relations procedures.
The Court does not recommend concession of the Union's claim.
~
Signed on behalf of the Labour Court,
Tom McGrath
___15th___March,___1990. ___________________
D. H. / M. F. Deputy Chairman