Labour Court Database __________________________________________________________________________________ File Number: CD94686 Case Number: LCR14835 Section / Act: S26(1) Parties: OFFALY COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION;SIPTU |
Dispute concerning the payment of the `drill rate' for attendance at a medical examination.
Recommendation:
It appears to the Court that the matter of payment for compulsory
attendance at medical examinations required in relation to fitness
for duty, is a national issue and would better be resolved at that
level.
However, if such a course is not being followed, the Court
recommends that in the event of part-time firemen incurring
expense, in terms of time and/or travelling, in carrying out the
requirements of the County Council for regular medical
examinations, then they should be reimbursed accordingly at the
appropriate travelling and drill rate.
Division: Mr Flood Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94686 RECOMMENDATION NO. LCR14835
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
OFFALY COUNTY COUNCIL
(REPRESENTED BY LOCAL GOVERNMENT STAFF NEGOTIATIONS BOARD)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the payment of the `drill rate' for
attendance at a medical examination.
BACKGROUND:
2. 1. The Council provides a fire-fighting service for its
administrative area. As part of this, a retained fire
service is provided by part-time firemen in many
locations. The part-time firemen attend for training
sessions known as drills on designated nights and are
expected to respond to emergency calls whenever alerted.
The workers are paid an annual allowance and a 'drill
rate' for attendance at drills and emergenices.
2. The physical demands of fire-fighting duties require a
certain degree of fitness. It is the practice in the
retained fire-service to carry out annual medical
examinations. The workers attend the same doctor at
prearranged times.
3. The Council provides transport to and from the medical
examination. If attendance leads to a loss of earnings
for the worker from his substantive employment, the
Council will reimburse the actual loss involved. No
payment is made to fire-fighters who are unemployed or
suffer no loss.
4. In April, 1994, the Union claimed the "drill rate" for
attendance at the annual medical. Following local
discussions the claim was referred (with others) to the
Labour Relations Commission. A conciliation conference
was held on 24th August, 1994. No progress was possible
on this issue and on 23rd November, 1994, it was
referred to the Labour Court under the terms of Section
26(1) of the Industrial Relations Act, 1990. The Court
investigated the dispute in Tullamore on 21st June, 1995
(the earliest date suitable to both parties).
UNION'S ARGUMENTS:
3. 1. The workers are not full-time employees of the Council.
They are paid for duties which they are requested to
perform. The attendance at the medical is an
instruction from the Council, relating to their work as
firemen. Therefore the workers should be paid for
attendance at the medical examination.
2. The Council would not expect a full-time worker to
attend a medical without payment. The Council's
practice of making no payment to retained firemen is a
discriminatory practice against part-time workers.
3. In similar circumstances, the Council pays the workers
the drill rate for attending residential training
courses. In 1989, the Court recommended in favour of a
similar claim against Meath County Council (details
supplied).
COMPANY'S ARGUMENTS:
4. 1. The retained fire-fighters are paid an inclusive
allowance in respect of being fit and available to
receive calls. Attendance at medical examinations is
part of the process of being fit and available to
receive calls.
2. Medical examinations are necessary to protect the
interests of both the Council and the workers. The
examinations should not be the subject of a claim for
payments. The Council's position in ensuring that no
actual loss occurs to the workers is reasonable in the
circumstances.
3. The Council's position is more favourable than 12 other
local authorities that do not provide travelling
expenses, transport or compensation in respect of loss
of earnings. The Council is not in a position to
concede payment in respect of a facility which operates
for the benefit of fire-fighters.
RECOMMENDATION:
It appears to the Court that the matter of payment for compulsory
attendance at medical examinations required in relation to fitness
for duty, is a national issue and would better be resolved at that
level.
However, if such a course is not being followed, the Court
recommends that in the event of part-time firemen incurring
expense, in terms of time and/or travelling, in carrying out the
requirements of the County Council for regular medical
examinations, then they should be reimbursed accordingly at the
appropriate travelling and drill rate.
~
Signed on behalf of the Labour Court
19th July, 1995 Finbarr Flood
J.F./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.