Labour Court Database __________________________________________________________________________________ File Number: CD9315 Case Number: LCR14015 Section / Act: S26(1) Parties: DUBLIN CORPORATION - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Retained fire brigade (North County Dublin) loss of earnings while on training courses.
Recommendation:
5. The Court does not find grounds for concession of the Union's
claim and accordingly rejects it.
It is clear to the Court however that there needs to be a uniform
approach nationally to the terms and conditions to apply to
retained firemen attending Training Courses if disputes are to be
avoided as a consequence of either different terms and conditions
being applied by local authorities or the perception by trainees
on courses that different standards are being applied.
The Court would urge the parties to consider discussing the issues
in a national forum with a view to the application of uniform
terms and conditions to trainee firemen (retained) attending
courses.
The Court so recommends.
Division: MrMcGrath Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9315 RECOMMENDATION NO. LCR14015
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: DUBLIN CORPORATION
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Retained fire brigade (North County Dublin) loss of earnings
while on training courses.
BACKGROUND:
2. The workers concerned are employed by Dublin Corporation (the
Corporation) as 'Retained fire fighters'. Retained fire fighters
are employed by most Local Authorities which have fire fighting
responsibilities on a part-time basis and are 'on-call' 24 hours
per day, seven days a week. The workers concerned are obliged to
attend at least 60% of calls. In late 1990, the Union submitted
a claim on behalf of the workers concerned for payment in
accordance with payment made to full-time fire brigade staff while
they attend training courses. In early 1991, local level
discussions took place following which the Corporation on 23rd
August, 1991, made the following offer:
Retained Station Officer:
At the minimum of the basic full-time station officers rate of
pay for the duration of the course.
Retained Sub Officer:
At basic full-time Sub Officer rate of pay for the duration of
the course:
Retained Fire Fighter:
At appropriate point on basic full-time Fire Fighter rate of
pay where two years in the retained Fire Brigade equates to
one year in the full-time Brigade.
The Union rejected the offer and the offer was subsequently
withdrawn by the Corporation. The matter was referred to the
Labour Relations Commission. A conciliation conference was held
on 16th October, 1992 at which the Corporation confirmed that
prior to the conference it had made the following offer:
"(1) All retained Firefighters to be paid at the minimum craft
rate #216.31 or,
(2) at existing remuneration/benefit in normal
employment/self employment/unemployment which ever is the
greatest".
At conciliation the Corporation indicated that it was willing to
pay subsistence of #6.95 per day and provide soup and sandwiches
on breathing apparatus courses and provide a full meal but no
subsistence on non-breathing apparatus courses. (This offer is
similar to an agreement reached at conciliation between
S.I.P.T.U./A.T.G.W.U. and the Tipperary (South Riding) County
Council in April, 1992. The Union rejected the offer and the
matter was referred to the Labour Court on 7th January, 1993. The
Labour Court hearing took place on 28th January, 1992.
UNION'S ARGUMENTS:
3. 1. The workers concerned carry out the same functions as
full-time firefighters and take the same risks when fighting
fires.
2. All firefighters learn the same skills and all must meet
the standards required. They should be paid the same rate of
pay.
3. The workers concerned regularly attend fires with
full-time staff. On such occasions the Officer in charge
issues instruction to all fire brigade staff at the scene of
the fire.
4. Retained firefighters are often required to get leave from
their full-time employment in order to attend training
courses. In the present economic climate employers are
reluctant to allow time off. In the past the employers
granted this leave and paid the employee while attending these
courses.
5. The workers concerned should be compensated for any loss
of fire calls which but for their attendance on training
courses, they would have attended. These calls should be
included in calculating the average attendance.
6. Full-time Army personnel and Retained Army personnel are
paid the same rates of pay when attending training camp.
7. Dublin Corporation should recognise the work of the
retained firefighter in the North County Dublin area.
Retained firefighters should be trained in advanced procedures
in order to combat all potential emergencies. They should be
compensated adequately for attending training course.
CORPORATION'S ARGUMENTS:
4. 1. Rates of pay for retained fire brigade personnel
throughout all local authorities have a historic and ongoing
relationship with craftspersons rates of pay.
2. The Corporation's offer is equitable and in line with what
was agreed at conciliation between Tipperary (South Riding)
County Council and its retained firefighters.
3. Rates of pay for retained fire brigade personnel are
incremental and bear no relationship to the full-time
firefighters', sub officers' or station officers' rates of
pay.
4. The minimum of the craftsperson rate of pay is #10.93 per
week greater than the minimum of the firefighter's rate of
pay.
5. To accede to the Union's claim would not be consistent
with arrangements which exist nationally.
RECOMMENDATION:
5. The Court does not find grounds for concession of the Union's
claim and accordingly rejects it.
It is clear to the Court however that there needs to be a uniform
approach nationally to the terms and conditions to apply to
retained firemen attending Training Courses if disputes are to be
avoided as a consequence of either different terms and conditions
being applied by local authorities or the perception by trainees
on courses that different standards are being applied.
The Court would urge the parties to consider discussing the issues
in a national forum with a view to the application of uniform
terms and conditions to trainee firemen (retained) attending
courses.
The Court so recommends.
~
Signed on behalf of the Labour Court
Tom McGrath
____________________
26th March, 1993 Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.