Labour Court Database __________________________________________________________________________________ File Number: CD91547 Case Number: AD92134 Section / Act: S13(9) Parties: KILKENNY COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Council against Rights Commissioner's Recommendation No. BC224/91 concerning the allocation of drainage work to two particular workers.
Recommendation:
The Court having heard the submissions of the parties
recommends that for the year 1992 the work with the Kilmaganny
drainage scheme should be assigned to men within the employment
of the County Council, from the Callan operational area, and in
the months of June and July to men from the Callan and Piltown
areas. The remainder of the Rights Commissioner's
recommendation should stand.
The Courts notes that due consideration will be given to
protecting the employee with the allergy when considering
assignment of work.
The Court so decides.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91547 APPEAL DECISION NO. AD13492
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: KILKENNY COUNTY COUNCIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Council against Rights Commissioner's
Recommendation No. BC224/91 concerning the allocation of
drainage work to two particular workers.
BACKGROUND:
2. The two workers concerned work for the Council in the
Piltown area. Whilst they live in the Piltown area, their
homes are close to the border of the neighbouring Callan area.
Within the Callan area the Council is carrying out the
Kilmaganny Drainage Scheme. Drainage work is deemed to be
unpalatable in that it is often carried out in wet and
difficult circumstances. It is usually carried out between
June and September each year. Normal practice is that workers
from an area are allocated to perform work within their own
area. However, the Callan workers live some distance from the
drainage scheme and as the two particular Piltown workers live
near the scheme, the Council decided that these two workers
should be allocated the duties. It is unusual practice to
travel into a neighbouring engineering area. The workers
concerned objected and local negotiations failed to resolve the
matter and the workers continued doing the work in question.
The following year the same men were again allocated the
drainage work. Further local discussions failed to resolve the
matter and it was referred to a Rights Commissioner for
investigation. On 12th September, 1991, the Rights
Commissioner issued the following recommendation:
"I recommend that for the year 1992 the work with the
Kilmaganny drainage should be assigned to men with the
employment of the County Council from the Callan
operational area. The parties should sit down together to
discuss a more acceptable and workable arrangement for
succeeding years. In their discussions in identifying
such a workable acceptable arrangement due consideration
should be given to two factors (1) the palatability of the
work involved and (2) the economic constraints of the
County Council.
If agreement is not reached between the parties for a
permanent arrangement beyond 1992 then the matter may be
referred again to me for a final recommendation."
The Rights Commissioner's recommendation was rejected by the
Council who appealed it to the Labour Court on 10th October,
1991, under Section 13(9) of the Industrial Relations Act 1969.
The Court heard the appeal on 4th February, 1992, in Kilkenny.
COUNCIL'S ARGUMENTS:
3. 1. Monies available to maintain employment in the
Piltown area for the year are not sufficient and in an
effort to ease the financial requirements of the area, two
men from that area, who live close to the Kilmaganny
scheme, were selected for the particular work. This
arrangement saves the £3,000 cost of transporting two men
from the Piltown Overseer's area and considerably eases
pressure on the finances for the Piltown area thus aiding
the maintenance of full employment.
2. The Council's sole purpose in using this arrangement
is to avoid lay-offs among the permanent workers in the
Piltown area. If the Rights Commissioner's recommendation
was implemented in 1992 then lay-offs among roadworkers in
the Piltown area would result.
3. When sufficient funds to maintain full employment in
the Piltown area are available and the necessity to
transfer workers from that area to undertake drainage work
in another area no longer exist, then the drainage work
will be carried out by workers from the Callan area. The
Council believes, the recommendation should be deferred
until financial circumstances permit its implementation
without the risk of lay-offs.
UNION'S ARGUMENTS:
4. 1. It is highly unusual for workers from one Overseer's
area to work in another area. The two workers concerned
agreed to undertake the work, which could not be described
as normal work, as they thought it was a once-off
situation. It now seems the Council want them to
undertake this work each year. The work concerned entails
standing in up to 18 inches of water and 'muck'.
2. One of the reasons put forward by the Council for the
present arrangement is the shortage of finance in the
Piltown area. However, a considerable amount of work is
included in the work programme for this area. The Callan
area seems to have sufficient financing, indeed an extra
man was employed in the Callan area in 1991. He could
have been asked to undertake the drainage work. In fact,
one of the Callan area workers volunteered to do the
drainage work.
3. While most Callan workers live some distance from the
drainage scheme, two of the Callan workers live relatively
near. One of the Callan workers lives closer to the
scheme than one of the two Piltown workers on the scheme.
4. One of the Piltown workers undertaking the drainage
scheme is allergic to wasp stings. In 1991, he was stung
and collapsed unconscious within minutes. This is
particularly dangerous. There are also risks to working
in stagnant water. Continuous work on the scheme could
lead to many illnesses.
5. The Rights Commissioner's recommendation is
acceptable to the workers concerned as they do not wish to
work on the drainage scheme but if the Council was
reasonable about the matter the workers would consider
undertaking the work in June and July each year. The
Rights Commissioner's recommendation found in favour of
the Union in this matter for 1992, while future years are
a matter for negotiation. The Union believes that this is
reasonable in the circumstances and should be upheld.
DECISION:
The Court having heard the submissions of the parties
recommends that for the year 1992 the work with the Kilmaganny
drainage scheme should be assigned to men within the employment
of the County Council, from the Callan operational area, and in
the months of June and July to men from the Callan and Piltown
areas. The remainder of the Rights Commissioner's
recommendation should stand.
The Courts notes that due consideration will be given to
protecting the employee with the allergy when considering
assignment of work.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
28th February, 1992
B.O.N./N.Ni.M. Deputy Chairman