Labour Court Database __________________________________________________________________________________ File Number: CD90669 Case Number: LCR13151 Section / Act: S67 Parties: TIPPERARY NORTH RIDING COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
SUBJECT: 1. Claim on behalf of 3 rural road overseers for compensation for covering larger area of responsibility.
Recommendation:
7. The Court is of the view that the Councils offer as set out at
Para 3.4 of their submission is reasonable in the circumstances and
should be accepted. The Court so recommends.
Division: Ms Owens Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD90669 RECOMMENDATION NO. LCR13151
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1976
SECTION 67
PARTIES: TIPPERARY NORTH RIDING COUNTY COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim on behalf of 3 rural road overseers for compensation for
covering larger area of responsibility.
BACKGROUND:
2. There were initially five rural road overseers employed in the
Borrisokane area. In 1986 one of the overseers availed of the Public
Service Early Retirement/Voluntary Redundancy Scheme. His workload was
then divided among the four remaining overseers. Early in 1990 another
overseer retired and the Council proposed to divide his work among the
three remaining overseers.
3. The Union lodged a claim for compensation by paying the senior
overseers rate to the workers concerned i.e. an extra #20 a week. The
Council rejected the claim and the workers refused to operate the new
areas. Discussions at local level failed to resolve the issue and the
claim was referred to the conciliation service of the Labour Court on 7
June, 1990. Conciliation conferences were held on 20 June, 1990 and on
5 and 26 October, 1990. As no agreement was reached the parties
consented to a referral to the Labour Court for investigation and
recommendation. A Court hearing was held in Nenagh on 4 December,
1990.
4. Following the conciliation conferences the position of the parties
were as follows: The Council had offered to increase the annual leave
of the workers by five days; to increase their mileage allocation to
9,400 miles per annum (an increase of 1,000 miles) and to make extra
mileage available if an overseer had a problem keeping within this
limit. The Union is seeking a compensatory package among the
following; on-call allowance with minimum rate, division of mileage
allowance previously allocated to retired overseer, meal allowance on
productivity basis as applies in Mayo, payment of disturbance
allowance, extra holidays and senior overseers rate.
UNION'S ARGUMENTS:
5. 1. The area which is supervised consists of 769 kms. and 67
miles of drainage plus cottages, 6 lakeside resorts. By asking 3
overseers to undertake the work done for years by 5 men amounts to
greater productivity and the workers here concerned should be
suitably rewarded.
2. All the workers live within the section of area they oversee
but inevitably they must travel further as the radius from home
increases. They are paid mileage allowance from home but are not
paid traveling time to the location at which work is in progress.
As the section of area which requires supervision increases the
workers must leave home earlier than heretofore to be at work
location at starting time. Accordingly the Union is seeking
traveling time of 30 minutes morning and evening in addition to
the Council's offer.
3. The Union believes that the total mileage allocated to the
retired overseer (8,600 miles per annum) should be divided among
the remaining workers.
4. The workers are very experienced and are responsible for
supervision of road and house repairs, environmental schemes,
burial grounds, halting sites and drainage once they leave their
home in the morning until they arrive home at night. They are not
paid until they reach the work location which varies from day to
day. Worthwhile compensation should be paid to the workers
concerned in recognition of the larger area and extra duties and
responsibilities which they have to take on.
COUNCIL'S ARGUMENTS:
6. 1. The Council is limited in the compensation package which it
can offer as it is tied to National Agreements regarding pay,
allowances, etc. and in addition the overseer grade is related to
other grades within local authorities for pay and conditions
purposes. Hence concession of the Union's claim along these lines
would not only have repercussions locally but nationally as well.
(Details supplied to the Court).
2. The whole area of Local Government has reduced considerably
over the years and in this particular county a considerable drop
in responsibility has occurred due to reduction in finance
generally and roads, reduction in workforce, reduced number of
local authority houses due to tenants purchase schemes, reduced
level of housing maintenance, surface dressing etc. and the
supervision for sanitary services maintenance now rests with the
Sanitary Services Section.
3. Prior to voluntary and natural retirement the total number of
overseers was 20 i.e. 5 for each area. It was agreed with the
Union in 1986 that the number of overseers would be reduced to 3
per area and that extra mileage would be allocated to remaining
overseers for extra area. The present position is that the other
3 area engineers have 3 overseers each and the Council was
surprised by the reaction in the Borrisokane area in light of the
foregoing.
4. Historically, Tipperary North Riding has had a large number
of overseers when compared with other councils (details supplied
to the Court). Hence the reason for rationalisation. As is well
known the financial position of Local Authorities is very poor and
the Council therefore consider that its offer to the workers here
concerned is fair and reasonable and the Court is asked to
recommend accordingly.
RECOMMENDATION:
7. The Court is of the view that the Councils offer as set out at
Para 3.4 of their submission is reasonable in the circumstances and
should be accepted. The Court so recommends.
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Signed on behalf of the Labour Court
15 January, 1991 Evelyn Owens
M.D. / M.O'C. _______________
Deputy Chairman