Labour Court Database __________________________________________________________________________________ File Number: CD959 Case Number: LCR14753 Section / Act: S26(1) Parties: WICKLOW COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Rostering agreement.
Recommendation:
The Court, having considered all of the issues raised by the
parties in their oral and written submissions, recommends that the
rostering arrangements proposed by the County Council be
implemented, that the lead in payment be increased to #700 per
person, in two phases of #350 each, and that this amount be paid
with effect from the date of implementation of the rostering
arrangements.
The County Council should agree a formal arrangement to have a
meal made available for extended attendance when necessary.
In the interest of all concerned, the parties, following the
implementation of the rosters, should monitor the situation and
seek to address any problems affecting the efficient delivery of
the service.
The court so recommends.
Division: Mr McGrath Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD959 RECOMMENDATION NO. LCR14753
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
WICKLOW COUNTY COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Rostering agreement.
BACKGROUND:
2. The dispute concerns a proposal by the Council, in late 1993,
to introduce rostering for 12 part-time firefighters in the
Arklow Fire Brigade. The rostering would apply only to small
fires and incidents.
The Council proposed to introduce the rostering (6 men on, 6
men off) on a limited basis from 1st February, 1994 and then
full-time from 1st July, 1994. The limited rostering
involved no rostering between 8.00 a.m. and 6.00 p.m. Monday
to Friday, except for Bank Holidays. The Council proposed a
"lead-in" payment of #600 as compensation (#300 from 1st
February, 1994 and #300 from 1st July, 1994).
The Union was opposed to the introduction of the rostering.
It stated that it would consider rostering of 8 men on, 4 men
off, subject to the following conditions:
(1) provision of a meal after three hours on fire call
duty;
(2) an extra training night per month;
(3) filling of vacancies for a driver and a leading
fireman; and
(4) payment of #5,000 per person by way of compensation
for loss of earnings.
The Council proceeded to introduce the rostering on a limited
basis from 1st February, 1994. Full rostering was not
proceeded with as the Union had referred the dispute to the
Labour Relations Commission. Conciliation conferences took
place on 26th May, 1994 and 21st June, 1994 but no agreement
was reached.
The dispute was referred to the Labour Court under Section
26(1) of the Industrial Relations Act, 1990 on 1st January,
1995. A Labour Court hearing took place on 4th April, 1995,
in Arklow.
UNION'S ARGUMENTS:
3. 1. Rostering of 6 and 6 will not benefit the fire service
or the community of Arklow. If a firefighter was
delayed or unavailable there would not be a sufficient
number of firefighters. Lives could be at risk. The
crew is expected to keep radio contact with the Bray
station. Some parts of the operation area are radio
"black spots". In such circumstances a crew member has
to seek a telephone to make a call, again leaving the
crew undermanned.
2. The loss of earning as a result of the rostering could
be #2,500 per worker per annum. Compensation of #5,000
(two years loss) is reasonable. Most of the workers
concerned still have approximately 15 years service
left.
3. The workers are not provided with meals, irrespective of
the duration of the fire. In a situation where the
Gorey Brigade assists the Arklow Brigade, the Council
provides meals for the Wexford crew but not for its own
crew.
4. The Council, in a letter of 31st December, 1993,
indicated that it would fill both a driver and a leading
fireman vacancy. To date this has not happened.
5. The Union has asked the Council to have a third training
night per month, specifically for checking equipment.
The Council has not yet agreed to this.
COMPANY'S ARGUMENTS:
4. 1. The Council has a right to introduce rostering in
accordance with the terms of the 1973 National Agreement
for part-time firefighters.
2. There is no need for a roster of 8 and 4. 6
firefighters are sufficient for the type of incident in
which a single crew is called out. The Council has
successfully operated a 6 man roster in Bray Fire
Brigade for a number of years. Bray has a population
approximately three times that of Arklow.
3. At present all the Council's local fire brigades have
two practice sessions per month. There is no need for a
third one. The Council will continue to provide meals
for firefighters on an 'ad hoc' basis when necessary.
4. The Chief Fire Officer has estimated that each
firefighter would lose approximately #700 gross per
annum as a result of rostering. Firefighters could earn
money by standing in for another fireman in a rostered
situation.
RECOMMENDATION:
The Court, having considered all of the issues raised by the
parties in their oral and written submissions, recommends that the
rostering arrangements proposed by the County Council be
implemented, that the lead in payment be increased to #700 per
person, in two phases of #350 each, and that this amount be paid
with effect from the date of implementation of the rostering
arrangements.
The County Council should agree a formal arrangement to have a
meal made available for extended attendance when necessary.
In the interest of all concerned, the parties, following the
implementation of the rosters, should monitor the situation and
seek to address any problems affecting the efficient delivery of
the service.
The court so recommends.
~
Signed on behalf of the Labour Court
3rd May, 1995 Tom McGrath
C.O'N./D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Ciaran O'Neill, Court Secretary.