FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TIPPERARY (NORTH RIDING) COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGrath Employer Member: Mr Pierce Worker Member: Mr Rorke |
1. (1) Manning levels, (2) Temporary employees.
BACKGROUND:
2. The workers concerned are employed as general operatives in the Roads Section of Tipperary (North Riding) County Council.
In an effort to reduce costs the Council has been pursuing a policy of non-filling of vacancies in the Roads Section. In addition to this, vacant permanent positions in other areas are being filled by permanent staff from the Roads Section.
The dispute before the Court concerns manning levels and the status of long-term temporary employees. The Union is concerned that manning levels have been dropping for some time and is seeking an agreement on manning levels, and that such an agreement would recognise the status of long-term temporary employees.
In respect of temporary employees the Union is dissatisfied with the manner in which the Council has dealt with the issues surrounding long-term temporary workers, such as the use of temporary contracts and the non-payment of travel allowances.
The matter was referred to the Labour Relations Commission. A conciliation conference was held on the 4th November, 1996. The conference was adjourned to allow the parties examine the issues in question by way of a joint working party exercise. As no agreement could be reached the dispute was referred to the Labour Court on 28th April, 1997 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th June, 1997.
UNION'S ARGUMENTS:
3. 1. The Union is concerned at the rigid non-replacement policy operated by the Council, particularly in the absence of an agreed structure to replace workers who have retired on pension or on grounds of ill health.
2. The Council has operated its non-replacement policy since 1987 when the Department of Finance introduced a voluntary redundancy package for general workers. A condition of this programme was that general workers who availed of the package would not be replaced. This redundancy package was only available for approximately 12 months.
3. The age profile of 60 years or over of the majority of outdoor staff clearly highlights how critical the situation is for long-term temporary employees and their future prospects of securing permanent employment.
4. The general operative grade has borne the brunt of the Council's financial cut-backs. No other category of worker employed by the Council has been affected in this way.
5. The Council's decision to cease payment of travel allowances to long-term temporary workers is unacceptable to the Union. It was never the intention to differentiate between permanent and temporary workers in relation to travel allowances under the 1977 Productivity Agreement which states that the allowance is payable in all cases where an employee is required to travel seven miles or more to a location and the Council does not provide transport.
COUNCIL'S ARGUMENTS:
4. 1. The present system of funding for works is dependent on grant aid being made available from the Department of the Environment and the National Roads Authority. Restrictions are imposed with such grant aid. For example, in the case of grants from the Department of the Environment, Local Authorities must ensure that all works are completed by the 30th September of any year. This means that for the construction period March to September there is a requirement for a large number of workers but this diminishes for the remaining months of the year when work mainly centres on essential road repairs.
2. In recent years the system of funding for roads has changed dramatically. Previously the Council received what was called discretionary and non discretionary funding to be expended on roads. However, this is no longer the case. Funding is made available for specific improvement and reconstruction projects with less money available for maintenance. As a consequence of this change in funding and the time restrictions placed on same, the Council now requires a staff structure of a small core group of permanent staff augmented as required, by temporary contract employees.
3. The Council currently has a permanent workforce of 103 staff employed in the Roads Section. The 1996 financial figures estimate that the present funding and workload levels could only sustain a permanent workforce of 67 staff. This number to be supplemented by temporary staff during construction periods.
4. The nature of the funding system does not permit the Council to specify the number of permanent employees it will require in the future. However, present indications
are that the Council will not be able to sustain all the present permanent employees on roads. Therefore the Council reserves the right to redeploy the staff from the Roads Section to other areas of work within the Council.
5. Because of the current funding arrangements the Council cannot sustain the present permanent workforce and is therefore pursuing a policy of offering permanent jobs in other areas when they arise to the permanent staff in the Roads Section in the first instance. At a time when the Council is trying to reduce its numbers through natural wastage there is no basis for appointing temporary staff ahead of permanent staff who need to be redeployed.
6. Every effort is made by the Council to retain temporary employees but it is emphasised that these men are employed, under contract, for specific periods. The Council has never given them any expectation of permanent employment.
7. Permanent staff in the Council who travel more than 7 miles from their base, which under normal circumstances is their home, can be paid a travel allowance. Temporary staff are paid a travel allowance when they are required to travel 7 miles from their base, which is specified as their work location. The issue has already been the subject of a Labour Court Recommendation, AD6791. Temporary staff are recruited for specific projects and for specific periods. It is the Council's view that such staff are covered by item 3 of the Labour Court Recommendation No. AD6791 which states that:-
"In the case of Grant Aided Projects temporary workers will be based at the actual location. Short periods of emergency work in another designated area will attract travel money based on the original Grant Aided Location."
The Council has adhered to this recommendation.
RECOMMENDATION:
The Court has fully considered all of the points raised by the parties and makes the following recommendations.
1.Temporary employees
The Court recommends that those workers in continuous employment in excess of two years should be made permanent.
2.Manning levels
The Court notes that an agreement exists between the parties to maintain the numbers employed as on the 1st January, 1994 subject to the necessary finance being made available.
The Court recommends the parties maintain this agreement and that they clearly define "subject to the necessary finance being available" to ensure there is no ambiguity, and the circumstances are clearly understood.
3.Travel allowance
The Court recommends that travel allowance should apply to those temporary workers in continuous employment. The travel allowance to be paid in reference to the base at which they were originally employed.
Signed on behalf of the Labour Court
Tom McGrath
9th July, 1997______________________
F.B./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.