Labour Court Database __________________________________________________________________________________ File Number: CD95192 Case Number: LCR14789 Section / Act: S26(1) Parties: LIMERICK CORPORATION - and - IMPACT |
Compensation for proposed additional duties.
Recommendation:
The Court has considered the submissions from the parties and has
concluded that the Corporation's position is not unreasonable.
The Court accordingly does not recommend concession of the claim.
The Court notes that the Corporation is agreeable to pay 'dirty
money' as certified. The appropriate administration procedures
should be put in place so as to ensure prompt payment when such
claims are made.
Division: Ms Owens Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD95192 RECOMMENDATION NO. LCR14789
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
LIMERICK CORPORATION
AND
IMPACT
SUBJECT:
1. Compensation for proposed additional duties.
BACKGROUND:
2. The Corporation employs two fitters, (one of whom is a
superintendent), two general operatives and four plant
operators (who operate a 3 shift cycle) at its waterworks at
Clarville, Castleconnell, Co. Limerick.
The dispute before the Court concerns the Corporation's
requirement for the plant operators to take on additional
duties on shifts outside the 8.00am to 4.00pm Monday to
Friday shift. The duties currently performed by plant
operatives on the Monday to Friday day shift consist mainly
of:-
Addition of polyelectrolyte (a thickening agent) to the
water treatment and sludge treatment process.
Operation of filter washes which involves pressing of
buttons in the new plant and opening and closing valves
in the old refurbished plant.
General cleaning duties (floors, yard, etc.).
Cleaning of tanks, screens and valves.
Taking meter readings.
Maintaining a security presence.
PROPOSED DUTIES OF PLANT OPERATORS
Primary Duties:
Operate filter washes.
Operate sludge dewatering plant.
Monitor the operation of pumps and other plant and
equipment.
Take water and electricity meter readings.
Keep such records as are required.
Operate manual chemical dosing (polyelectrolyte, etc.)
arrangements as required.
Alert Gardai to breaches of security.
Alert plant superintendent or emergency services as
appropriate in breakdown/emergency situations.
Secondary Duties:
Carry out such cleaning and maintenance appropriate to a
General Operative as may be assigned, on a rota basis,
from time to time, by Superintendent.
Plant operators are not expected to carry out duties in
this category which would be unsafe, if working alone.
Similarly the plant operators will not be expected to
carry out duties in this category on the 12.00 midnight
to 8.00am shift with exception of cleaning of canteen
areas used during that shift and dealing with safety
hazards, spillages, etc., where it is practicable to
deal with same.
The Union is seeking the following for operating the proposed
additional duties:
(1) An allowance of #20 per week in relation to performing
the additional duties on the evening and night shift.
(2) An allowance of #30 per week to operate the sludge
dewatering plant on the Saturday and Sunday 8.00am to
4.00pm shift.
(3) The payment of #1.20 per day 'dirty money'.
As no agreement could be reached the matter was referred to
the Labour Relations Commission. Conciliation conferences
took place on 18th January, 1995 and 20th January, 1995. No
agreement could be reached and the matter was referred to the
Labour Court on 22nd March, 1995 under Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took
place in Clonmel on 10th May, 1995.
UNION'S ARGUMENTS:
3. 1. The workers concerned are responsible for ensuring the
proper functioning of the plant after normal working
hours. They provide security at a plant covering an
area of 11 acres, and where chemicals are stored. Any
breach of security within the plant could have serious
implications for the supply of water to local industry
and to a population of 80,000 people.
2. At a previous Labour Court hearing management stated
that the duties of plant operators on evening and night
shift are inspection, checking and security.
3. In 1992, the Union reached agreement with the
Corporation for the introduction of six time clocks.
The agreement provided for the plant operators to "key
in" four times during a shift. The agreement also
provided for plant operators on day shift to mix
chemicals twice daily in the sludge plant. It was
agreed that no other duties would be required by
shiftmen in relation to the sludge plant.
4. The sludge plant is operational Monday to Friday. Two
workers are involved in its operation which is located
away from the main operation. If the operation jams one
of the workers is required to climb on to a tank and
manually free the jam. A similar situation on Saturday
or Sunday would be unsafe for the plant operator working
alone.
5. The Corporation has proposed to transfer cleaning and
general maintenance duties to the evening and night
shift. These duties have never been carried out by the
operators on shift. This proposal represents a
significant change in the operators normal duties on the
evening and night shifts.
6. The Corporation is attempting to significantly extend
the duties and responsibilities of the workers
concerned. In the circumstances, it is normal practice
in industry generally, for the workers to be
compensated.
COMPANY'S ARGUMENTS:
4. 1. The plant operators refuse to operate the sludge plant
at any time and refuse to add polyelectrolyte on the
evening and midnight shifts, weekends and public
holidays.
2. The Corporation is particularly concerned to have the
sludge dewatering plant operated regularly. Operating
the plant entails pushing a few buttons, adding
polyelectrolyte when necessary and checking periodically
that the plant is operating correctly. Without the
plant, river pollution can occur or public health can be
compromised. When the sludge plant was originally
commissioned, it was thought it would not be necessary
for it to be operated at weekends or other times outside
the day shift, etc. However, the volume of sludge to be
treated has increased because of algae growth in Lough
Derg in summer and more mud particles being washed down
in winter floods.
3. The Corporation requires only reasonable flexibility
from the plant operators so that the sludge plant is
operated whenever necessary. It also requires them to
carry out other duties which involve routine cleaning
and maintenance. This would reduce the workload on the
superintendent and day shift to enable the waterworks to
be properly maintained and kept in a safe condition for
all who work there.
4. It is not envisaged that any unreasonable burden of
duties would be imposed on the plant operators. Neither
would they be expected to carry out tasks which would
compromise their safety, when working alone. The
Corporation expects the plant operators to make a fair
and reasonable contribution to the efficient running of
the waterworks.
5. The Corporation is prepared to pay dirty money on the
same conditions as it is paid elsewhere within the
organisation, i.e. in particular dirty conditions on the
certification of the superintendent. However, the other
additional payments sought are completely exorbitant and
unacceptable to the Corporation in view of the fact that
the plant operators have so little to do in the evening,
weekend and public holiday shifts especially. The
payments are contrary to the P.C.W. and the terms of the
#16.04 per week general operatives special pay increase,
the final phase of which became payable from 1st May,
1995. The plant operators receive shift premium on top
of this special pay increase. In the circumstances the
Union's claim cannot be justified.
RECOMMENDATION:
The Court has considered the submissions from the parties and has
concluded that the Corporation's position is not unreasonable.
The Court accordingly does not recommend concession of the claim.
The Court notes that the Corporation is agreeable to pay 'dirty
money' as certified. The appropriate administration procedures
should be put in place so as to ensure prompt payment when such
claims are made.
~
Signed on behalf of the Labour Court
2nd June, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.