Labour Court Database __________________________________________________________________________________ File Number: CD95183 Case Number: AD9563 Section / Act: S13(9) Parties: WEXFORD COUNTY COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the County Council against Rights Commissioner's Recommendation No. BC366/94.
Recommendation:
The Court has examined all of the issues raised by the parties
in their oral and written submissions.
The Court does not find grounds have been put forward which would
warrant additional payment for the duty of opening the gate.
Accordingly the Court upholds the County Council's appeal.
The Court so decides.
Division: Mr McGrath Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD95183 APPEAL DECISION NO. AD6395
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
WEXFORD COUNTY COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the County Council against Rights Commissioner's
Recommendation No. BC366/94.
BACKGROUND:
2. The worker concerned is a refuse collector employed with the
Council and is based in the New Ross depot. Since January,
1994, there has been a change in the opening hours of the
local landfill site (Ballykeerogue) which meant that the site
is frequently closed when the refuse truck arrives there to
unload. The Council requires a worker to unlock and lock the
gate once the refuse truck passes through. The worker
concerned has been asked to undertake this duty. The Union
claimed the caretaker's allowance on behalf of the claimant.
Management rejected the claim. The dispute was referred to a
Rights Commissioner for investigation and recommendation. On
the 28th February, 1995 the Rights Commissioner issued his
recommendation as follows:-
"... my recommendation is that Wexford County Council
should pay to the worker an additional sum of #2 per
week for undertaking the opening and closing of the gate
at Ballykeerogue landfill site."
(The worker was named in the Rights Commissioner's
Recommendation).
On the 9th March, 1995, the Council appealed the
recommendation to the Labour Court. The Court heard the
appeal in Wexford on the 15th August, 1995.
COUNCIL'S ARGUMENTS:
3. 1. The Council does not consider the award of #104.00 per
annum to the claimant as significant. Its appeal is not
based on cost implications.
2. The duties involved are of such a minor nature that an
additional payment is not warranted. Concession of the
claim could lead to numerous repercussive claims from
other grades for payment for "minor additional duties".
3. The worker's only extra duty is to alight from the
refuse vehicle and open/close the landfill site gate.
It is a manual task consistent with his other duties.
In other areas the crew of refuse trucks routinely open
landfill site gates when required without payment of
compensation.
4. Refuse operatives, among other workers, have received
payment of the special pay increase under the terms of
the P.C.W. This was conditional on no other claim being
lodged during the lifetime of P.C.W.
UNION'S ARGUMENTS:
4. 1. The worker concerned opens/closes the gate daily at the
landfill site. This duty was previously undertaken by
the caretaker.
2. The holding of keys and the opening of landfill site
gates are clearly not the duty of the refuse crew. The
taking over of this duty by the worker concerned
provides both flexibility and productivity to the
Council and lengthens the time available for dumping.
3. It is only fair in these circumstances to pay the worker
the caretaker's rate in exchange for the extra service
now being provided by him. Concession of the claim will
not lead to repercussive claims.
DECISION:
The Court has examined all of the issues raised by the parties
in their oral and written submissions.
The Court does not find grounds have been put forward which would
warrant additional payment for the duty of opening the gate.
Accordingly the Court upholds the County Council's appeal.
The Court so decides.
~
Signed on behalf of the Labour Court
7th September, 1995 Tom McGrath
T.O'D./D.T. _______________
Deputy Chairman