Labour Court Database __________________________________________________________________________________ File Number: CD92663 Case Number: LCR13903 Section / Act: S26(1) Parties: THE DEPARTMENT OF JUSTICE - and - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION |
Claims for:- (a) revised calculation of travel allowance for full-time traffic wardens (b) sick-pay and pension schemes for part-time traffic wardens.
Recommendation:
The Court has considered the matters at issue and having examined
the arguments put forward is satisfied that the present method of
calculating the payment of travelling-time to wardens is
appropriate and correct. Accordingly, the Court does not
recommend any change.
The Court notes the undertaking given at the hearing by the
Department of Finance that an offer regarding sick-pay for
permanent part-time state industrial employees will be made at the
National Joint Industrial Council in December, 1992. The offer
will apply to wardens and the Court recommends that the Unions use
the Council as the appropriate forum to resolve this issue.
The question of superannuation for part-time state industrial
staff is also a matter for National Negotiation and the Court
considers that the N.J.I.C. is also the appropriate forum for this
issue.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD92663 RECOMMENDATION NO. LCR13903
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1) INDUSTRIAL RELATIONS ACT, 1990
PARTIES: THE DEPARTMENT OF JUSTICE
and
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION
SUBJECT:
1. Claims for:-
(a) revised calculation of travel allowance for full-time
traffic wardens
(b) sick-pay and pension schemes for part-time traffic
wardens.
BACKGROUND:
2. In the Dublin area, 60 full-time and 135 part-time Traffic
Wardens are employed by the Garda Commissioner and the Department
of Justice. In December, 1991 a threat of industrial action
concerning the ratio of part-time and full-time wardens was
resolved, following conciliation conferences on the 6th July,
1992, 29th September, 1992 and 15th October, 1992. The proposals
which emanated resulted in the creation of 6 supervisory positions
and the filling of consequential full-time vacancies from the
existing part-time workers. The proposals also covered other
matters such as uniform allowance, shoe allowance and the
reduction of the working-week for part-timers.
The issues of calculation of travel-time, and Sick-pay and Pension
schemes were not resolved and were referred to the Labour Court by
the Labour Relations Commission on the 27th of October, 1992. The
Court investigated the dispute of the 26th November, 1992 the
earliest date convenient to both parties.
UNION'S ARGUMENTS:
TRAVELLING ALLOWANCE:
3. 1. Traffic Wardens are paid Group 18 (General Operatives)
of Dublin Corporation pay-scales, adjusted for superannuation.
The adjustment was agreed because Wardens are covered by a
non-contributory pension scheme, whereas general operatives in
the Corporation pay superannuation. Travelling allowances in
the Corporation are calculated from the hourly rates of pay.
The appropriate rate for calculating travelling allowances for
Traffic Wardens should be the Group 18 rate of pay prior to
adjustment for superannuation.
2. Due to an error by the Department, travelling allowances
for Wardens are calculated at approximately 50p/week less than
appropriate. To date, the Department has not corrected this
error. The Department agreed with the Union to have the claim
referred to a Rights Commissioner, but declined to attend the
hearing.
SICK-PAY AND PENSION SCHEMES:
1. The pension and sick-leave entitlements of part-time
wardens should be in proportion to those of full-time wardens.
2. Sick-pay and pension schemes for part-time employees are
an established feature of employment conditions.
3. The claim is covered by clause 4 of the P.E.S.P., which
states :-
"Where employment is not covered by a Pension or a
Sick-Pay Scheme unions are free to make claims for the
introduction of such schemes. This provision improves
on the position under the last agreement which
precluded any form of cost increasing claim. Pension
and Sick-Pay cover is now an established feature of
employment conditions in Ireland and unions should seek
to have Pension and Sick-Pay Schemes introduced where
none presently exist. Where difficulties arise
relating to the capacity of the employment to absorb
the costs involved appropriate phasing arrangements can
be agreed (which can exceed the time-scale of the
Agreement) to take account of such considerations."
4. At a meeting at Garda Headquarters on the 21st January,
1990, Management acknowledged the merits of the Union's claim.
DEPARTMENT'S ARGUMENTS:
TRAVELLING ALLOWANCE:
4. 1. The situation at present is that part-time Traffic
Wardens employed prior to 1992 have, in error, been paid the
same number of hours of travel time per day as their full-time
colleagues. The hourly rates of pay of part-time and
full-time Traffic Wardens are different due to the pension
adjustment in the case of full-time Wardens. As a result,
certain part-timers are being paid a higher travel allowance
than their full-time counterparts on the same point of the
scale. It is this situation which has given rise to the claim
relating to the calculation of the travel-time for full-time
Wardens.
2. In 1982, the issue of travel time for part-time workers
in Dublin Corporation was referred to the Labour Court. In
Labour Court Recommendation No. 7699 the Court rejected a
claim that part-time workers receive the same travel-time
allowance as full-timers.
SICK-PAY AND PENSION SCHEMES
1. In the Civil Service and in the Public Sector
generally, the service of employees in full-time employment
only is pensionable. Part-time service is not pensionable.
2. Concession of the claim for pension would have serious
repercussions throughout the public sector.
3. It is hoped that an offer will be made on a sick-pay
scheme for part-time Wardens at the National Joint Industrial
Council in December, 1992.
RECOMMENDATION:
The Court has considered the matters at issue and having examined
the arguments put forward is satisfied that the present method of
calculating the payment of travelling-time to wardens is
appropriate and correct. Accordingly, the Court does not
recommend any change.
The Court notes the undertaking given at the hearing by the
Department of Finance that an offer regarding sick-pay for
permanent part-time state industrial employees will be made at the
National Joint Industrial Council in December, 1992. The offer
will apply to wardens and the Court recommends that the Unions use
the Council as the appropriate forum to resolve this issue.
The question of superannuation for part-time state industrial
staff is also a matter for National Negotiation and the Court
considers that the N.J.I.C. is also the appropriate forum for this
issue.
~
Signed on behalf of the Labour Court
Kevin Heffernan
16th December, 1992 ---------------
M.K./U.S. Chairman
NOTE:
Enquiries concerning this Recommendation should be addressed to
Mr Michael Keegan, Court Secretary.