LCR14363

Subject:
Dispute concerning the terms and conditions of employment of a dog warden.

Recommendation:
5. Having considered the submissions from the parties the Court
is of the view that the Union's claim is reasonable and
accordingly recommends it be conceded.

Payments due under the above should be paid in accordance with
the agreement concluded nationally for implementing the special
award to Local Authority employees outside the Dublin Area.

Division: Ms Owens Mr McHenry Mr Rorke

Text of Document__________________________________________________________________

CD93521 RECOMMENDATION NO. LCR14363

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1)
INDUSTRIAL RELATIONS ACT, 1990



PARTIES: TIPPERARY (SOUTH RIDING) COUNTY COUNCIL

and

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION



SUBJECT:

1. Dispute concerning the terms and conditions of employment of a
dog warden.

BACKGROUND:

2. 1. Under the provisions of the Control of Dogs Act, 1986,
Local Authorities were empowered to operate a dog warden
service directly or enter into an agreement with an approved
body to operate the service. The Council entered into an
agreement with the Irish Society for the Prevention of Cruelty
to Animals (I.S.P.C.A.) for the operation of the service. The
Society provided the service for six years and towards the end
of 1992, it submitted its proposed budget for 1993 to the
Council.

2. Discussions took place between the I.S.P.C.A. and the
Council where it was pointed out by the Council that it was
not in a position to finance the service beyond the amount
realised from dog licence revenue. The Society then put the
Council and warden on notice that it intended to introduce a
three day working week for the dog warden. This was
unacceptable to the Council and it decided to take over the
operation of the service from 1st April, 1993.

3. On 1st April, 1993, the Council confirmed to the
existing dog warden that it was prepared to employ him from
5th April, 1993 subject to his acceptance of the terms and
conditions of employment. Details of the qualifications,
duties and conditions of employment for the dog warden post
were forwarded to the warden on 19th April, 1993. The Council
envisaged the warden being assimilated on to the sixth point
of the Grade 5 Water and Sewerage Works wages scale. The
Union indicated that this would mean a loss of earnings for
the warden and the issue was referred to the Labour Relations
Commission. A conciliation conference was held on the 13th
May, 1993 but agreement could not be reached. The dispute was
referred by the Labour Relations Commission to the Labour
Court on the 10th September, 1993. The Court investigated the
matter on the 2nd November, 1993 in Clonmel.

UNION'S ARGUMENTS:

3. 1. Acceptance of the Council's pay offer would mean a
substantial loss of earnings for the warden.

2. Dog wardens working for the I.S.P.C.A enjoy a higher
rate of pay.

3. The duties of the warden are wide ranging and of a
dangerous nature.

COUNCIL'S ARGUMENTS:

4. 1. The individual has no claim against the Council. He
either accepts or rejects the offer of employment under the
terms and conditions proposed.

2. The rates proposed for the claimant are generally in
excess of those for Dog Wardens employed in other Local
Authorities.

3. The rates proposed compare favourably with those paid to
similar grades of workers employed by Local Authorities e.g.
waterworks caretakers, rural overseers, traffic wardens.

4. There is no obligation on the Council to employ the
claimant and if the Council had not taken over the dog warden
service, the dog warden would have been put on short-time
working or could have been made redundant.

RECOMMENDATION:

5. Having considered the submissions from the parties the Court
is of the view that the Union's claim is reasonable and
accordingly recommends it be conceded.

Payments due under the above should be paid in accordance with
the agreement concluded nationally for implementing the special
award to Local Authority employees outside the Dublin Area.
~

Signed on behalf of the Labour Court

14th March, 1994 Evelyn Owens
P O'C/U.S. --------------
Deputy Chairman

NOTE:

Enquiries concerning this Recommendation should be addressed to
Mr Paul O'Connor, Court Secretary.