FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WEXFORD COUNTY COUNCIL - AND - WEXFORD TOWN FIREMEN (REPRESENTED BY HUGGARD BRENNAN & MURPHY) DIVISION : Chairman: Mr McGrath Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Alleged failure to uphold agreement.
BACKGROUND:
2. The dispute before the Court originates from 1993 when Wexford County Council proposed changes to existing work practices at its five fire stations in New Ross, Wexford, Gorey, Enniscorthy and Bunclody. All stations have two crews (twelve workers) except Bunclody which has one crew of six. The Council sought the following changes:-
- (a)Rostering
The Council sought to introduce rostering of fire crews in relation to attendance at incidents. The Council was not seeking to introduce rostering for all fires but merely for minor incidents, e.g. chimney fires. A similar arrangement already exists in Wexford for weekdays only and the Council sought to introduce rostering to all areas and for weekends as well as weekdays. The right of the Council to introduce rostering was already contained in the 1973 National Agreement.
(b)Standby for one hour
For fires other than minor incidents, Wexford County Council sought to introduce a system whereby a standby crew would remain at the Fire Station for one hour only as opposed to the full duration of the fire, as was the practice at present.
(c)Pay to the nearest quarter of an hour
Wexford County Council sought to pay Firefighters to the nearest quarter of an hour upwards after first hour, rather than to the nearest hour upwards, as was the current practice.
(d)Maintenance of breathing apparatus equipment
Wexford County Council sought to hire a contractor for the servicing of breathing apparatus equipment on an annual or twice yearly basis. Routine maintenance would be carried out by Firefighters immediately after a fire or while on duty.
resulting in Labour Court Recommendations LCR14479 and LCR14590.
When the Council attempted to implement Labour Court Recommendation LCR14590 a 15 week strike ensued. In August, 1995 the Labour Relations Commission intervened and put forward proposals to set up a joint management/union working group chaired by an independent expert which both sides agreed to. The group was to furnish a report on Wexford Fire Service and any recommendations not acceptable in that report were to be referred to an Arbitrator for a final determination. Both sides agreed to be bound by the decision of the Arbitrator.
The expert group issued its report. Agreement was reached on all of the recommendations except the original four issues as listed above. The Labour Relations Commission then appointed an Arbitrator to determine the outstanding issues. The Arbitrator's findings were as follows:-
(a)Rostering
Introduction of full rostering (no phasing).
(b)Standby for one hour
Same as expert group's recommendation.
(c)Pay to the nearest quarter of an hour
Pay to nearest half hour (same as expert group's recommendation).
(d)Compensation
£135,000 and a lead-in payment of £500 per person, i.e. total cost £162, 000.
Both the Union and the Council accepted the Arbitrator's recommendations. However, the Wexford Town Firemen did not accept the recommendations and requested that the dispute be referred to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. The Court investigated the dispute on 25th November, 1996.
FIREMEN'S ARGUMENTS:
3. 1. Any changes the Council wishes to make should be negotiated with the firemen concerned.
2. The Council signed an agreement in 1985 for re-rostering. Any further changes the council wish to make will have to be re-negotiated.
3. Any further re-rostering will severely cut firefighters earnings.
4. Wexford Town Firemen wish to rescind the 1995 Agreement and revert to the Agreement signed in 1985.
5. The firefighters of Wexford Town voted against the 1995 Agreement.
COUNCIL'S ARGUMENTS:
4. 1. The Union representing the Wexford firemen do not support this claim.
2. The introduction of rostering in 1985 did not preclude the Council from either extending rostering to other stations or from varying the type of rostering in Wexford Town.
3. The 1973 National Agreement gave the Council the right to introduce rostering. It took up this option in 1985.
4. The issues in dispute have been raised at every third party intervention throughout this claim. None of the third parties involved accepted that the 1985 Agreement precluded the Council form varying or extending the rostering arrangement.
RECOMMENDATION:
The Court has considered all of the issues raised by the parties in their oral and written submissions.
The Court finds that the negotiations on the proposals for changes in work practices in the County Fire Stations including Wexford Town Station encompassed all previous agreements including the 1985 agreement.
These negotiations were carried out through the normal accepted industrial relations procedures.
By agreement the negotiations culminated in a binding arbitration report being made by an agreed third party.
The Court finds that the claimants were party to all of these negotiations and procedures.
Given all of the circumstances the Court finds that no grounds have been put forward to show why the outcome of the procedures and the arbitration exercise should not apply to the workers here concerned. Accordingly the Court recommends that the findings of the arbitrator should be implemented and does not recommend concession of the claims of the employees here concerned.
Signed on behalf of the Labour Court
Tom McGrath
18th December, 1996______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.