Labour Court Database __________________________________________________________________________________ File Number: CD91154 Case Number: LCR13276 Section / Act: S67 Parties: DUN LAOGHAIRE CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union for the creation of four District Officer posts.
Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that it would not be justified in recommending
concession of the Union's claim for the appointment of four
District Officers.
It is clear to the Court that management agree with the Union that
some restructuring is desirable. Noting the history of the
negotiations, management's previous offer and the developments in
the Fire Service nationally the Court recommends that the parties
resume local negotiations with a view to agreeing a revised
command structure in the Brigade.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD91154 RECOMMENDATION NO. LCR13276
THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS 1946 TO 1990
SECTION 67, INDUSTRIAL RELATIONS ACT 1946
PARTIES: DUN LAOGHAIRE CORPORATION
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union for the creation of four District Officer
posts.
BACKGROUND:
2. The Dun Laoghaire Fire Brigade is a full time Brigade serving
the Borough of Dun Loaghaire and an area of south county Dublin.
It has a staff of 75 and operates one fire station. The
operations grades are Chief Fire Officer (1), Second Officer (1),
Station Officer (4), Sub Officer (11) and Fire Fighter(60). The
Union served a claim for the introduction of a new on shift grade
of District Officer(4) which is a grade to be found only in Dublin
Fire Brigade. The new grade would be above that of Station
Officer and would involve the promotion of 4 Station Officers with
consequential promotions of 4 Sub Officers. The consequential
vacancies are not sought to be filled.
3. This claim was first served in 1977 and rejected by the
Corporation. Following negotiations sanction was secured from
the Department of the Environment to offer 2 additional Second
Officer posts. This was accepted by the Union and 2 competitions
were held in 1987. No appointments were made following interview.
In March 1990 the claim for 2 District Officer posts was again
submitted to the Corporation. As the matter could not be resolved
locally it was referred to the Conciliation Service of the Labour
Court and conciliation conferences were held on 26th October, 7th
December, 1990 and 13th February, 1991. As a negotiated
settlement was not possible the Union asked for a referral to a
full Labour Court hearing to which the Corporation agreed. A
Labour Court investigation took place on 25th April, 1991.
UNION'S ARGUMENTS:
4. 1. The Union are seeking the upgrading of 4 Station
Officers and the consequent promotion of the 4 most senior
Sub Officers. No extra posts are being requested. The post
of District Officer was first requested in 1977 and the only
solution ever proposed by Management was the concession of 2
extra Second Officer posts. These posts are not on shift and
would have entailed a loss of earnings for our members. In
addition the creation of these extra posts would have cost
more than the District Officer posts which the Union is
seeking (details supplied to the Court). Nor would it create
a proper officer ranking structure within the Fire Brigade.
2. The Union members in the Corporation have a direct
relationship with Dublin Fire Brigade regarding their
conditions of employment and is seeking that the structures
in officer ranking applicable to a 2 pump station with Dublin
Fire Brigade be implemented. The creation of the District
Officer posts would ensure that there was a Senior Officer in
charge of the fire ground at all times thereby increasing
expertise and avoiding embarrassing situations (details
supplied to the Court).
3. The present system of Junior Officers acting up for the
day when the need arises can be grossly unfair and
irresponsible as the most Junior Officer is responsible for
the emergency thrust upon him. This mantle of responsibility
should be placed with a permanent ranking officer. The Fire
Brigade is the third biggest in the country working in a
populated area of 130,000 people with other attendant
problems including the Dart Rail Line, a large port area,
hospitals, schools, etc. As far as the Union is concerned
the fire station is equivalent to a 2 pump station within
Dublin Fire Brigade and must be staffed accordingly. Indeed
in terms of equipment, it should be rated higher than its
normal Dublin equivalent.
4. The Corporation's principal argument at conciliation was
that the Stardust Tribunal, on the structure of Dublin Fire,
Brigade had recommended that the grading of District Officer
be phased out. This is a very selective quotation but in
this connection it is interesting to note that the Union have
agreed with Dublin Fire Brigade on an expanded role for the
District Officer (details supplied to the Court). There is a
dire need in the Dun Laoghaire Fire Brigade for a movement in
officer grades along with the need to have a proper
structure. In all good employments where there is a group of
workers locked into the same grade for quite a long time,
there is usually an effort to create some form of additional
promotional structure to alleviate the situation.
CORPORATION'S ARGUMENTS:
4. 1. This claim was originally pursued some years ago and a
solution agreed by all sides was the appointment of an
additional 2 Station Officers (details supplied to the
Court). Although competitions were held, the response was
poor and no appointments were made. There was no further
claims made until March 1990.
2. The post of District Officer exists only in the Dublin
Fire Brigade. The introduction of the grade in Dun Laoghaire
would require the prior sanction of the Minister for the
Environment. Although fire station staff up to Station
Officer are directly related for pay and conditions to Dublin
Fire Brigade, it is unrealistic to compare Dun Laoghaire with
75 staff and one station to Dublin with 750 staff, 10 fire
stations, 4 retained fire stations and a major training
centre. In addition all Dublin Fire Stations operate an
ambulance service which is not the case in Dun Laoghaire.
Clearly it is unrealistic to compare the type of risk
involved. A District Officer in the Dublin area with the
exception of Tara Street would be responsible for 2 stations
and any retained stations in his area. This grade, unique to
Dublin was specifically referred to in the report of the
Stardust Tribunal where it was recommended that the grading
be phased out.
3. The Corporation is satisfied that the introduction of
the grade to Dun Laoghaire is unnecessary and the
appointments, if granted would have repercussive effects for
other Fire Brigades in the Country. In addition the Union's
claim for the substitution of 4 officer posts creates
operational difficulties as the role of a District Officer in
Dublin has changed from being a "ride on" officer responding
on an appliance to a more supervisory role operating
independently in his own vehicle. It would be necessary to
maintain the existing numbers to ensure adequate manning of
appliances. The Corporation is satisfied that the
introduction of 4 highly paid officers on shift is totally
unjustified and would result in unnecessary additional costs
in what is already an expensive service. The Chief Fire
Officer or the Second Officer are always on call to respond
if requested by the Station Officer or the Sub Officer in
charge.
4. The net cost of the Fire Service increased at 4.50 times
the rate at which total expenditure increased during the
period 1971 to 1989. It increased at 3 times the rate at
which total expenditure increased during the period
1980-1989. The increased financial resources have been
allocated to the Fire Service to the detriment of other
services where serious cutbacks have had to be implemented as
a consequence of ongoing financial difficulties. The
anticipated deficit at the close of 1990 is #2.7m. and it is
imperative that costs are contained.
RECOMMENDATION:
5. Having considered the submissions from the parties the Court
is of the view that it would not be justified in recommending
concession of the Union's claim for the appointment of four
District Officers.
It is clear to the Court that management agree with the Union that
some restructuring is desirable. Noting the history of the
negotiations, management's previous offer and the developments in
the Fire Service nationally the Court recommends that the parties
resume local negotiations with a view to agreeing a revised
command structure in the Brigade.
~
Signed on behalf of the Labour Court
13th May, 1991 Evelyn Owens
J.F. / M.O'C. _______________
Deputy Chairman