FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LOCAL AUTHORITIES (REPRESENTED BY THE LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Dispute concerning terms and conditions of employment of retained fire fighters in the context of restructuring provision of the Programme for Competitiveness and Work.
BACKGROUND:
2. The claim concerns 1,800 retained fire fighters employed by the Local Authorities throughout the Country. Discussions under the auspices of a Joint Working Group commenced in 1996 to examine rostering, remuneration and a number of other issues concerning the three grades in the retained service i.e. fire fighters, sub officer, driver/mechanic and station officer. These discussions were not successful and the dispute was referred to the Labour Relations Commission in June, 1998. Because of the very significant differences which existed between the parties, the Industrial Relations Officer suggested the use of a Facilitator to do a 'root and branch' review of the service and to make proposals in respect of pay and conditions. The Facilitator's comprehensive report (details supplied to the Court) was issued on the 24th of February, 1999. Following a ballot of the workforce the report was rejected in relation to a number of issues. A further conciliation conference was held on the 6th of May, 1999. Agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 4th of June, 1999. A Court hearing was held on the 12th of July, 1999. A letter recommendation was issued on the 13th of July, 1999.
UNIONS' ARGUMENTS:
3. 1. Retainer and Differentials:
The retainer for the basic grade of fire fighter should be increased to £6,000. The Report recommended that the allowance be increased to £2,950 (1st April, 1999) with only a differential of £500 for sub officer and an additional £500 for station officer. The Union seeks the retention of the current differentials of 39.9% and 83.75% applicable to sub officers, driver/mechanic and station officer. The Unions' figure of £6,000 is based on an examination of the current on-call system and rates for ambulance personnel countrywide, for an emergency service.
2. Attendance:
The application of an 80% limit for attendance at fires and drills is a new and unwarranted ruling which will cause staff to lose earnings. It is unworkable, restrictive and will not be accepted by workers.
3. Rostering:
The Labour Court in a recommendation which was issued in 1973 left this matter to each Local Authority and Union branch. The existing situation whereby there is no formal rostering arrangements in place should remain at local level. This is an imperative.
EMPLOYER'S ARGUMENTS:
4. Management are committed to the full implementation of the Facilitator's proposals. Management's position on the issues in dispute are as follows:
1. Remuneration:
There are two elements in the remuneration of retained fire fighters:
- retainer for being available for fires and drills;
- an hourly rate for participation in fire fighting or drills (practices)
Prior to adjudication, Management offered to increase the fire fighters annual retainer by some 70%, bringing their retainer to £2,947 per annum (as at the 1st of April, 1999). The adjudication recommended that this amount be further increased to £3,412 per annum - an additional 15.7%.
During the facilitation process both sides accepted that the differentials between fire fighters and sub officers, and between sub officers and station officers, could be reduced, in relative terms, to facilitate the additional increase referred to above. This was reflected in the Adjudicator's proposal.
2. Attendance:
An 80% attendance criterion, for fire attendance was recommended by the Adjudicator as a basis for payment of an annual retainer. It is a cornerstone Management requirements if the service is to be efficiently operated. Currently, there operates a nationally agreed attendance criterion 75% for attendance at drills. Both sides recognised that emphasising the retainer might militate against actual attendance at fires. There is a clear need to ensure optimum attendance.
3. Rostering:
The principle of rostering is rooted in the 1973 national agreement of Retained Fire Services, and this has been copper-fastened in subsequent Labour Court recommendations. Rostering is essential to the efficient operation of the service and to the welfare of fire fighters. It is unacceptable that there would be a veto on rostering.
RECOMMENDATION:
The Court has given careful consideration to the submissions made by the parties in this case. It has also considered the detailed report and recommendation made by the jointly agreed Facilitator/Adjudicator.
While difficulties have emerged in relation to some of the recommendations contained in the report, it represents a balanced and comprehensive response to the complex, and in many respects unique issues associated with the present and future operation of the Retained Fire Service. In the Court's view, such difficulties as have been identified by the Unions should be jointly referred back to the Facilitator/Adjudicator in a final attempt to reach agreement. This process should commence as soon as is practical and be completed not later than the 19th of August, 1999.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Duffy
21st July, 1999______________________
T.O'D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.