Labour Court Database __________________________________________________________________________________ File Number: CD90474 Case Number: LCR13074 Section / Act: S67 Parties: WATERFORD CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the method of implementation of a thirty nine hour week for full-time firemen in Waterford City.
Recommendation:
5. The Court recommends that the Corporations proposals as
regards the reduction of hours in respect of the day cover should
be accepted and that in the event that the Agreement in respect of
night duty makes a similar arrangement impossible the Corporation
should agree to the reduction in respect of the time spent on
night duty in the form of leave days.
Division: Mr O'Connell Mr Brennan Mr O'Murchu
Text of Document__________________________________________________________________
CD90474 RECOMMENDATION NO. LCR13074
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: WATERFORD CORPORATION
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the method of implementation of a thirty
nine hour week for full-time firemen in Waterford City.
BACKGROUND:
2. Waterford Corporation has negotiated the implementation of a
thirty nine hour week, as provided for in the Programme for
National Recovery (P.N.R.), with most of its staff on the basis of
a reduction in working hours at the end of the normal working
week. This arrangement did not include the full-time firemen who
have traditionally negotiated as a separate unit. The fire
brigade operates a two shift roster on the basis of an eight week
cycle (details supplied to the Court). During the 8 week cycle
firemen, two at a time, are required to do two weeks of nights.
On Wednesday and Thursday of each week there is a two hour overlap
when both shifts are present together. The Corporation proposed
to implement the reduction in the working week by the elimination
of the overlap on one of those days. In the case of the firemen
on night duty the same reduction would be implemented by a one
hour earlier stoppage on one day of the week. This proposal was
rejected by the Union who favoured a system based on accumulated
time which would provide extra days annual leave. No agreement
was reached at local level and the matter was referred on 23rd
July, 1990 to the conciliation service of the Labour Court. A
conciliation conference was held on 21st August, 1990 at which no
agreement was reached and the matter was referred on 23rd August,
1990 to a full hearing of the Labour Court which took place in
Waterford on 29th August, 1990. At the hearing the Court deferred
issuing a recommendation pending further talks between the
parties at local level. The Union requested the issue of a
recommendation on 15th October, 1990.
UNION'S ARGUMENTS:
3. 1. The firemen operate a complicated shift roster system.
The task of applying an hours reduction in a meaningful way is
therefore difficult. The only practical way of doing so is to
allow the time to accumulate in blocks of eight hours which
can be taken as a days leave on a rostered basis.
2. If the firemen were straight forward day workers then the
one hours reduction in one working day per week would be
perceived as a tangible benefit. However the existing roster
already provides three short days per week for firemen and
there would be no tangible benefit by reducing on the already
short days by one hour. Fire-calls would mean that the one
hour reduction would be converted into overtime. Separate
arrangements would be required for those firemen on night duty
to benefit from the one hour reduction as there is a local
agreement that two persons must be in the control room at all
times during the night.
3. Most of the firemen remain on call even when off duty.
The only time they are not on call is when they are on annual
or special leave. The accumulated time arrangement resulting
in more annual leave is therefore of more tangible benefit to
the firemen.
CORPORATION'S ARGUMENTS:
4. 1. The one hour earlier stoppage on one day of the week is
the nationally preferred option and has been universally
accepted in local authorities throughout the country. Craft
and non-craft employees of the Corporation have already agreed
to this arrangement which has been adopted successfully to
suit individuals whose working hours are not standard. The
Corporation had not, nor was given, any reason to believe
other than firemen would conform to an agreed adaptation to
this arrangement.
2. The Corporation has offered to eliminate the overlap
between shifts on one of the two days of the week on which it
occurs. This is a fair and reasonable means of implementing
the reduction in working hours without adversely affecting
standards of fire cover. In the case of the night duty men,
the same reduction would be implemented by a one - hour
earlier stoppage on one day of the week.
3. The Corporation is unable to accept the Union's claim for
6.50 days additional annual leave for each firemen as it would
adversely affect standards of fire cover and would have
significant cost implications.
RECOMMENDATION:
5. The Court recommends that the Corporations proposals as
regards the reduction of hours in respect of the day cover should
be accepted and that in the event that the Agreement in respect of
night duty makes a similar arrangement impossible the Corporation
should agree to the reduction in respect of the time spent on
night duty in the form of leave days.
~
Signed on behalf of the Labour Court
John O'Connell
__________________________
5th November, 1990. Deputy Chairman
A.S./J.C.