Labour Court Database __________________________________________________________________________________ File Number: CD94647 Case Number: LCR14725 Section / Act: S26(1) Parties: TIPPERARY (NR) COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning compensation for privatisation of the refuse service.
Recommendation:
The Court, having considered all of the views of the parties
recommends that each employee be paid the sum of #500 in full and
final settlement of this dispute.
Division: Mr McGrath Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD94647 RECOMMENDATION NO. LCR14725
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
TIPPERARY (NR) COUNTY COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning compensation for privatisation of the
refuse service.
BACKGROUND:
2. The County Council privatised its refuse service in 1994.
The workers concerned, a chargehand driver and four refuse
helpers, were redeployed to the general operative grade. The
Union claimed that the workers suffered an ongoing loss of
earnings in respect of overtime and pay differentials and
sought compensation on behalf of the four workers. At local
discussions the Council offered to compensate the workers as
follows:-
Chargehand driver - #340
Four crew members - #230 each
The Union rejected the offer. The dispute was referred to
the Labour Relations Commission and a conciliation conference
was held on the 13th September, 1994. Agreement could not be
reached and the dispute was referred to the Labour Court by
the Labour Relations Commission on the 9th November, 1994.
The Court investigated the dispute in Nenagh on the 28th
March, 1995.
UNION'S ARGUMENTS:
3. 1. The four crew member workers, on being redeployed as
general operatives, had their weekly wages reduced by
#5.45 per week. The chargehand driver's wage was
reduced by #9 per week. This reduction will affect
their pensionable remuneration when they retire.
2. The additional superannuation which the workers paid
over the years will not be refunded or credited when
they retire, as pensionable remuneration will be based
on the average of basic pay in the last three years of
service.
3. The losses of the workers in relation to fixed rate
overtime are as follows:-
Chargehand driver - #875 per annum
Four crew members - #397 per annum
4. In a previous Labour Court recommendation dealing with
the privatisation of refuse service, the Court
recommended that the offer made to workers be increased
(LCR13636 refers). The Council's offer is derisory and
needs to be increased in line with the increase
recommended in LCR13636.
COUNTY COUNCIL'S ARGUMENTS:
4. 1. The cessation of the refuse collection service is
comparable to the closure of the Council's central
quarry. On that occasion the Council redeployed quarry
operatives and the loss of earnings claim was the
subject of a Labour Court hearing. In LCR13949 the
Court recommended compensation equivalent to
approximately 35% of one year's loss of earnings. The
Council's offer to the workers concerned is consistent
with the terms of LCR13949.
2. The workers concerned have enjoyed substantial amounts
of overtime which has increased considerably since
redeployment in 1994. The workers are now located much
nearer to their homes and have less travelling to their
place of work.
3. In the circumstances, the Council's offer is fair and
reasonable. Any additional concession over and above
those granted to the former quarry workers will create
industrial relations problems for the Council in the
future.
RECOMMENDATION:
The Court, having considered all of the views of the parties
recommends that each employee be paid the sum of #500 in full and
final settlement of this dispute.
~
Signed on behalf of the Labour Court
11th April, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.