Labour Court Database __________________________________________________________________________________ File Number: CD95356 Case Number: LCR15016 Section / Act: S26(1) Parties: KILKENNY COUNTY COUNCIL (Represented by THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning promotional prospects for full time firefighters.
Recommendation:
Having considered the submissions from the parties the Court has
concluded that it would not be justified in recommending
concession of the claim.
Division: Ms Owens Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95356 RECOMMENDATION NO. LCR15016
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
KILKENNY COUNTY COUNCIL
(REPRESENTED BY THE LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning promotional prospects for full time
firefighters.
BACKGROUND:
2. The fire service in Kilkenny is staffed by 3 full time
firemen and 14 retained personnel, whose numbers include 1
station officer and 2 sub station officers. The service
provided is a combination of retained and full time, e.g.,
full time cover for certain parts of the day and retained
cover for others. The full time firemen provide cover from
8.30 a.m. to 5.00 p.m. on a Monday-Friday basis and are on
call outside these hours like retained firemen. Retained
firemen on driving duties receive a 'retainer' for driving.
Full time firemen on driving duties after normal working
hours do not. The Unions claim on behalf of the 3 full time
firemen is that they should receive an allowance for driving
duties after normal working hours. The Union claims that the
3 workers should have access to the promotional posts of sub
officer and station officer. Management rejected the claims
on the grounds that their conditions of employment specify
that the 3 full time firefighters carry out driving duties
and that driving was part of their normal duties. It was
carried out by full time firefighters in similar counties
without payment. Management also stated that it was national
policy that full time firemen did not compete for posts in
the retained service. There was no basis for changing this
policy in Kilkenny. The dispute was referred to the Labour
Relations Commission and conciliation conferences were held
on the 12th October, 1994 and 5th April, 1995. Agreement was
not possible and the dispute was referred to the Labour Court
by the Labour Relations Commission on the 9th June, 1995. A
Court hearing was held in Kilkenny on the 29th November,
1995.
UNION'S ARGUMENTS:
3. 1. The posts of driver and fire station officer are the
only promotional outlets for workers employed on the
fire service. To refuse the workers concerned the
option to compete for these posts is to discriminate
against them. Full time firefighters continue to drive
and operate fire pumps after normal working hours
without payment. The Union seeks that they be appointed
retained drivers with effect from 1st January, 1993 and
be paid the appropriate retained fee for this position.
2. The rate of pay for the full time firemen was based on
the rates of pay applicable in Dundalk Fire Station and
since then have followed in line with Dundalk rates.
However, Dundalk personnel, who attended fires after
normal working hours in addition to their hourly rate of
pay, received an additional allowance of £35 per week to
compensate them for the fact that they could not achieve
promotion to driver, sub officer or station officer.
Kilkenny County Council did not implement this section
of the Dundalk agreement.
3. While a method has been established in Dundalk to deal
with this situation Kilkenny County Council refused to
treat the 3 workers in a similar fashion.
COUNCIL'S ARGUMENTS:
4. 1. The dispute is not about promotional duties but is a
mechanism to claim an allowance in respect of driving
duties. The Union confirmed this at conciliation
conferences when it conceded that the claim could be
settled by payment of an allowance to full time
firefighters.
2. When Kilkenny firefighters were brought up to national
rate they became entitled to national conditions. They
cannot now move beyond national conditions. In all
other local authorities with a combination of retained
and full time firefighters, the full time firefighters
carry out driving duties as required outside of normal
working hours. It has not been necessary for any local
authority to "promote" full time firefighters to
retained driver posts in order to secure this duty.
3. Country-wide, participation in the retained service is
regarded as a concession to full time firefighters,
i.e., they are allowed the opportunity to join the
retained roster as opposed to engaging additional
retained staff. The hourly rate payable for call-outs
(i.e., drill rate etc.) is very attractive and
firefighters can be paid up to 4 times the drill rate
per hour, depending on the time of the call.
4. The earnings of the 3 full time firefighters reflect the
attractive fees in that they earned substantial amounts
in addition to their basic pay (details supplied to the
Court). There is no basis for their seeking an
additional allowance in respect of a function which is
part of their normal duties.
5. The rate of pay for full time firefighters is determined
at national level and the Unions have indicated their
intentions to enter negotiations on a special pay claim.
The present claim represents a further cost increasing
claim and is, therefore, precluded by PCW.
RECOMMENDATION:
Having considered the submissions from the parties the Court has
concluded that it would not be justified in recommending
concession of the claim.
~
Signed on behalf of the Labour Court
12th December, 1995 Evelyn Owens
T.O'D./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Tom O'Dea, Court Secretary.