Labour Court Database __________________________________________________________________________________ File Number: CD92594 Case Number: LCR13831 Section / Act: S26(1) Parties: KILKENNY COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
The introduction of core working-hours and revised travel rates for Water and Sewerage Caretakers.
Recommendation:
5. The Court has considered the submissions from the parties in
relation to the two items in dispute and finds as follows:
Core Working Time - The Court, on the basis of the information
presented does not find basis for
recommending concession of the Union's claim.
Travel Rates - The Court recommends that the Union accept
the Council's latest offer of an increase in
the amounts to be paid on the existing
bands and the additional new bands. The Court
further recommends that from the date of
implementation of the above the employees
agree to log their mileage for a period of 12
months. On the basis of that information the
Union, if it so wishes, should re-submit the
claim.
Division: Ms Owens Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92594 RECOMMENDATION NO. LCR13831
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: KILKENNY COUNTY COUNCIL
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. The introduction of core working-hours and revised travel
rates for Water and Sewerage Caretakers.
BACKGROUND:
2. The eighteen Water and Sewerage Caretakers who work for
Kilkenny County Council are employed to carry out normal
maintenance duties and to cover for any emergencies that might
arise. They work a flexible 39-hour week system, and have a
seven-day liability. The Union has put forward a claim for the
introduction of core working-hours, (i.e. a specified number of
hours worked every day), hours worked outside of which would be
regarded as overtime. They also seek the application of the
officer grade mileage scales, as opposed to the present system of
a flat mileage rate, depending on the size of the area covered.
The Council rejects the claims. The dispute was referred to the
Labour Relations Commission and conciliation conferences were held
on the 3rd of July, 1991 and the 6th of August, 1992 at which
agreement was not reached. The dispute was referred to the Labour
Court under Section 26(1) of the Industrial Relations Act, 1990 on
the 30th of September, 1992. The court investigated the dispute
on the 21st of October, 1992.
UNION'S ARGUMENTS:
3. Core Working Hours
1. Should a Caretaker spend a longer period of time on
emergency duties, little time would be left for the normal
servicing duties. Failure to carry out these duties could
result in environmental hazards for which the Council would be
liable. The Caretakers, who do not fill out time-sheets,
would have no proof that they had worked their full quota of
hours and this structure could lead to disciplinary action
against them.
2. The introduction of core working-hours does not require
any re-negotiation of national agreements. It simply requires
the introduction of a starting-time and a finishing-time,
similar to system which is already in operation in Donegal
County Council, where Caretakers start at 9 a.m., finish at
3.30 p.m. and work remaining hours at weekends and on
emergencies.
Travel Allowance
1. Water and Sewerage Caretakers at Kilkenny County Council
receive a travel allowance as follows:
Category A - #11.92 per week
Category B - #18.02 per week
Category C - #36.73 per week
There is no agreement as to how a worker would be allocated to
any particular category.
2. The Court has already adjudicated in a similar claim in
Meath County Council (L.C.R. 12522) and have found in favour
of the Union. In a survey of twenty-four Local Authorities
the Union has found that 12 Authorities offer Grade A Scale
Allowances, 6 offer mileage related allowances and only 5
offer a fixed sum, including Kilkenny County Council.
3. Should the Council occasionally reduce the mileage
travelled Caretakers would be prepared to be paid accordingly.
COUNCIL'S ARGUMENTS:
4. Core Working Hours
1. The current arrangement works satisfactorily and any
alteration to it would have to be negotiated nationally.
2. The flexibility offered by the current system is to the
benefit of the Caretakers.
3. It would not be appropriate to establish universal core
working hours for Caretakers, who have varying levels of
work-loads and who have a variety of schemes ranging from
Regional to small village supplies.
Travel Allowance
1. The travelling allowances to Water and Sewerage Caretakers
have been increased in line with revised rates of travelling
granted to other grades. Present allowances have been in
operation since 1st January, 1990. Following representations
on the matter, the County Council offered to expand the bands
from three to four and to increase substantially the weekly
travel rates. The number of bands was expanded to take
account of the wide variations of mileage undertaken by the
Water and Sewerage Caretakers. The bands were designated W,
X, Y, and Z with rates of #15, #25, #40 and the top rate of
#50 respectively applicable. This offer was made to the Union
in 1990 and rejected. In February, 1992 a revised offer was
made as follows: low rate of #20, #30, #45, and a high rate
#55. This revised offer was also rejected.It is the Council's
view that payment to Caretakers on a mileage basis could
result in a loss of income for certain Caretakers. It is also
the County Council's opinion that the revised offer of four
rates of travelling allowances is more beneficial to the
caretakers rather than a mileage rate. The travelling
allowance is paid regardless and is not subject to scrutiny or
certification.
RECOMMENDATION:
5. The Court has considered the submissions from the parties in
relation to the two items in dispute and finds as follows:
Core Working Time - The Court, on the basis of the information
presented does not find basis for
recommending concession of the Union's claim.
Travel Rates - The Court recommends that the Union accept
the Council's latest offer of an increase in
the amounts to be paid on the existing
bands and the additional new bands. The Court
further recommends that from the date of
implementation of the above the employees
agree to log their mileage for a period of 12
months. On the basis of that information the
Union, if it so wishes, should re-submit the
claim.
~
Signed on behalf of the Labour Court
Evelyn Owens
______________________
4th November, 1992. Deputy Chairman
M.K./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Michael Keegan, Court Secretary.