FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK CORPORATION - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Pay for uncertified sick leave.
BACKGROUND:
2. The claim is on behalf of approximately 130 fire fighters employed by Cork Corporation who are seeking 6 uncertified sick days in any one year. They work a variety of shifts, including 9, 15 and 24 hour attendances. The 9 and 15 hour shifts equate to 1 uncertified sick day, and the 24 hour shift equate to 2 days. At present, the situation is that if a fire fighter is out sick, even for 1 day, he must produce a doctor's certificate and he will then be paid for the day. His absence is covered by another fire fighter who will be paid overtime.
The Union claims that a similar claim by Limerick fire fighters was conceded in Labour Court Recommendation No. 15855, after they sought similar treatment with their colleagues in Dublin. The Corporation argues that the claim is cost-increasing and, as such, is prohibited under Partnership 2000.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place on the 16th of March, 1999. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 29th of March, 1999, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th of September, in Cork, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The workers are not precluded under Partnership 2000 from seeking an improvement in the sick pay scheme, if it is out of line with comparable employments. In this case, comparable employment is the fire fighters in Dublin and Limerick Corporations, both of which have 6 uncertified sick days.
2. All other employees in Cork Corporation are now entitled to avail of uncertified sick leave.
3. At present, certified sick leave is at 3%. It is unlikely that there would be a big rise if the 6 days uncertified sick leave were granted.
CORPORATION'S ARGUMENTS:
4. 1. At full implementation, the actual cost in lost time would be close to £144,000 per annum, because of the long hours involved in the shifts.
2. Experience has shown that where similar claims have been conceded, the levels of sick leave rise appreciably.
3. Minimum manning levels (referred to as the critical limit) have been established to ensure minimum cover at all times. Where the limit is breached, additional staff must be called in and paid overtime. The Corporation does not have the resources to meet these costs, as well as the actual cost already mentioned.
4. While Cork fire fighters do have pay parity with their Dublin counterparts, separate and different operating conditions apply in respective brigades. The Union cannot "cherry pick" the issues which are of benefit to its members while refusing to negotiate on conditions that they consider undesirable.
5. The recent pay award to the Dublin Fire Brigade will be implemented in Cork.
RECOMMENDATION:
Having considered all the arguments put forward on this dispute by both sides, the Court considers that a reasonable case has been made for the granting of paid sick leave to the operational staff of the Cork City Fire Brigade in line with that which applies to similar categories in Dublin and Limerick Corporation.
The Court recommends that this claim should be conceded as part of the current national negotiations on pay and conditions in the Fire Brigade generally. The Court would expect that this situation would be resolved before the current national agreement expires.
Signed on behalf of the Labour Court
Caroline Jenkinson
1st November, 1999.______________________
CON/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.