Labour Court Database __________________________________________________________________________________ File Number: CD93203 Case Number: AD9352 Section / Act: S13(9) Parties: COILLTE TEORANTA - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's Recommendation No. C.W. 470/92 concerning the determination of a central point for the calculation of mobility allowance.
Recommendation:
5. The Court having considered the views of the parties as
expressed in their oral and written submissions does not find any
compelling case has been made to amend the findings of the Rights
Commissioner.
Accordingly the Court rejects the appeal of the workers.
The Court so decides.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93203 DECISION NO. AD5293
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: COILLTE TEORANTA
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No. C.W.
470/92 concerning the determination of a central point for the
calculation of mobility allowance.
BACKGROUND:
2. 1. Following a Labour Court Recommendation (L.C.R. 13613)
concerning the payment of mobility allowance to forest
workers, a procedure and criteria for the selection of central
points in forest regions was agreed. Local negotiations
commenced and agreement was reached on the central points for
the majority of workers. It was agreed subsequently that
where agreement on central points could not be achieved, the
matter could be referred to a Rights Commissioner.
2. The location of the point for Graiguenamanagh Forest, Co.
Kilkenny, could not be agreed at local level and the matter
was referred to the Rights Commissioner. The Rights
Commissioner heard the case on the 10th February, 1993 and in
his recommendation (No. C.W. 470/92) issued on the 2nd March,
1993 recommended:
"that the town of Graiguenamanagh is the central point".
3. The Union appealed the Rights Commissioner's
Recommendation to the Labour Court on the 18th March, 1993 and
the Court heard the appeal on the 1st June, 1993.
UNION'S ARGUMENTS:
3. 1. To site the central point at Graiguenamanagh Town would
cause a deterioration in the conditions the workers had prior
to the establishment of Coillte and, therefore, breach Section
43 of the Forestry Act, 1988.
2. The workers could be required to travel without payment of
travel allowance to work sites more than ten miles from home.
Prior to the agreement on travel these sites were considered
isolated properties
3. The workers would be travelling into neighbouring forests
for normal forest work without travel allowance. Prior to the
establishment of Coillte this travel into the neighbouring
forests was limited to deliveries etc.
COMPANY'S ARGUMENTS:
4. 1. The town of Graiguenamanagh is central to the main forest
blocks of the former Graiguenamanagh Forest which constitute
the main work areas for these employees.
2. Graiguenamanagh has traditionally been the central point
of the forest for management purposes.
3. The principal public roads in the area radiate from this
town.
4. The location is reasonable in the context of the criteria
endorsed by the Labour Court, which have formed the basis for
central points already agreed in 90% of cases elsewhere in the
Company, through local level negotiations.
5. Adoption of the Union's suggested central point would mean
that the workers would qualify for payment of mobility
allowance in certain areas within their traditional "home
forest" where previously no such entitlement would have
arisen.
DECISION:
5. The Court having considered the views of the parties as
expressed in their oral and written submissions does not find any
compelling case has been made to amend the findings of the Rights
Commissioner.
Accordingly the Court rejects the appeal of the workers.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
___________________
24th June, 1993. Deputy Chairman.
P.O'C./J.C.