Labour Court Database __________________________________________________________________________________ File Number: CD94490 Case Number: LCR14590 Section / Act: S26(1) Parties: WEXFORD COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Re-hearing arising from Labour Court Recommendation No. LCR 14479.
Recommendation:
Arising from LCR No. 14479 the matters in dispute were referred
back to the Court.
Having considered the further submissions and arguments, the Court
recommends that the County Council's proposals be implemented
subject to:-
(a) The Council increasing its offer of compensation to #90,000
to be paid pro rata.
(b) The Council agreeing to pay to the nearest half hour until
31st December, 1996 and payment to the nearest quarter hour
to commence on 1st January, 1997.
Division: Ms Owens Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD94490 RECOMMENDATION NO. LCR14590
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
WEXFORD COUNTY COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Re-hearing arising from Labour Court Recommendation No.
LCR 14479.
BACKGROUND:
2. The dispute concerns Labour Court Recommendation No. LCR
14479 which concerned efforts by the Council to introduce
changed work practices in the following areas:-
A. Rostering
B. Standby for one hour
C. Pay to the nearest quarter hour
D. Maintenance of breathing apparatice equipment
The background to the dispute has not changed. The Court, in
its recommendation of 23rd June, 1994 stated as follows:-
"Having considered the submissions of the parties and the
oral evidence presented at the hearing, the Court is of the
view that the issues have not been adequately negotiated.
The Court regards the Council's proposals in rostering as
having particular merit and recommends that this and the
other issues be seriously negotiated without further delay.
If agreement, including consideration of compensation, is
not reached by the end of July, the matter should be
referred back to the Court for final recommendation".
On 20th July, 1994, the Council and the Union met to enter
discussions in accordance with the Court's recommendation.
At the meeting, the Council made available to the Union the
expected reduction in earnings to firefighters based on
earnings from 1993 (approximately #1,656 per individual,
#90,000 in total). The Council offered to pay a total of
#30,000 by way of compensation for reduction of potential
earnings.
The Union rejected the Council's offer by letter dated 18th
August, 1994. The Council referred the dispute back to the
Court by letter dated 9th September, 1994 under Section 26(1)
of the Industrial Relations Act, 1990. A Labour Court
hearing took place on 11th October, 1994.
UNION'S ARGUMENTS:
3. 1. Any change the Council wishes to make should be
negotiated at a national level, as happened recently
with discussions on annual leave and payment during
training.
2. The changes, as proposed by the Council, would have a
significant detrimental impact on conditions and
earnings of firefighters throughout the country, if
implemented.
COMPANY'S ARGUMENTS:
4. 1. There is no guaranteed level of wages for retained
firefighters. Their pay is made up of an annual
retainer and fees per attendance at each fire. Payment
fluctuates in accordance with level of fires in the
area. Earnings of firefighters have dropped in areas
where successful fire prevention programmes have been
implemented. The question of compensation in respect of
such losses does not arise.
2. The Council made a reasonable offer on 20th July, 1994,
of one third of the projected loss of earnings which
would have taken place in 1993, if the Council's
proposals had been introduced. The Council has no
financial provision for payment of loss of earnings in
respect of the introduction of improved work practices.
RECOMMENDATION:
Arising from LCR No. 14479 the matters in dispute were referred
back to the Court.
Having considered the further submissions and arguments, the Court
recommends that the County Council's proposals be implemented
subject to:-
(a) The Council increasing its offer of compensation to #90,000
to be paid pro rata.
(b) The Council agreeing to pay to the nearest half hour until
31st December, 1996 and payment to the nearest quarter hour
to commence on 1st January, 1997.
~
Signed on behalf of the Labour Court
1st November, 1994 Evelyn Owens
C.O'N./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.