FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WESTMEATH COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. (1) Refusal to appoint additional driver/mechanics in Mullingar Fire Station.
(2) Pay a subsidy to members for becoming members of a gym.
BACKGROUND:
2. There are four issues involved in the Union's claim. The Council believes that the only claim that should be before the Court is claim 3 - payment of driving licence.
(1) Appointment of additional driver mechanic in Mullingar.
There are 12 retained fire fighters, divided into 3 crews of 4, including 2 driver/ mechanics. Two crews are rostered each week, with the third crew resting. The Union believes that an additional driver/mechanic should be appointed.
(2) Payment of a gym subsidy
The Union believes that the Council should contribute towards the cost of the workers attending a gym to keep themselves fit.
(3) Payment of Driving Licences
The Union's claim is that the Council should pay for the driving licences of those workers who are expected/required to drive.
(4) Payment of premium rate for weekend drill
Members who attend drill during the week days are paid the drill rate (£8.50 per hour). The Union's claim is that if members are asked to drill at weekends, they should be paid the weekend/premium rate (£17 per hour).
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 3rd of November, 1998, in accordance with Section 26 (I) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th of April, 1999, in Mullingar, the earliest date available to the parties.
UNION'S ARGUMENTS:
1. Issue 1 Additional driver; There should be a driver/mechanic for each crew. On the week that a driver/mechanic is resting, there is only 1 driver/mechanic rostered for 2 crews. In the event of a second driver being required, a non-driver/mechanic is expected to drive. Similar size stations from other counties, e.g. Longford town have 3 driver/mechanics.
2. Issue 2 Gym: The members are expected to keep themselves extremely fit and the Council should contribute towards the cost. Full-time fire stations have a gym in the fire station.
3. Issue 3 Driving licences: The Council pays for driving licences for its full-time employees who are expected to drive. It should do the same for retained fire personnel.
4. Issue 4 Weekend drill : If members are paid the drill rate for drills during week days, they should be paid the weekend rate if they are asked to attend courses at the weekend.
COUNCIL'S ARGUMENTS:
1. Issue 1 Additional drivers : There are sufficient qualified drivers in Mullingar Fire Station, and there is no necessity to appoint additional personnel to the grade of driver/mechanic. Mullingar Fire Station is not out of line with the norm in the area.
2. Issue 2 Gym: While gym equipment may be provided in some full-time fire stations, it is there as a facility. There is no requirement on fire fighters to use it. Research has shown that walking for 30 minutes each day is the best method of achieving the necessary level of fitness.
3. Issue3 Driving licences: Within the general work force in Westmeath County Council, driving licences for employees who only have to drive on an occasional basis are not paid for by the Council.
4. Issue 4 Weekend drill: There is a nationally agreed drill rate in existence which has an inbuilt 25% differential over and above the craft rate. A national claim involving this issue is ongoing.
RECOMMENDATION:
In having considered the submissions of the parties, the Court recommends as follows in respect of each of the Union's claims:
1.Appointment of additional driver/mechanic in Mullingar
The Court does not recommend concession of this claim.
2.Subsidy for becoming members of a gym
The Court does not recommend concession of this claim.
3.Payment of driver licences
The Court recommends that this claim be conceded.
4.Payment of premium rate for weekend drills
These rates are agreed nationally, and on that basis it is inappropriate to pursue the present claim with a single Local Authority. The Court recommends that if this arrangement is considered anomalous, it should be dealt with through the appropriate machinery at national level.
Signed on behalf of the Labour Court
Kevin Duffy
21st May, 1999______________________
CON/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.