FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SLIGO COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Conditions of employment.
BACKGROUND:
2. The fire service in Sligo is provided by a mix of full-time and retained firefighters and is presently staffed as follows:
1 Full-time Station Officer
1 Full-time Sub-Officer
4 Full-time Firefighter Drivers
16 Retained Firefighters
3 Watch-room Attendant posts.
In 1997, the Union on behalf of 6 full-time personnel, working normal days sought parity of conditions with fire brigade personnel in Galway on the basis that it has an agreement with the Council since 1982, on parity of pay and conditions with Galway staff.
The Union sought -
(a) the introduction of a continuous shift roster with a 7 day spread covering 24 hours;
(b) the abolition of the requirement to be rostered on-call out of hours including public holidays;
(c) abolition of residency requirement.
Management rejected the claim stating that while there has been a historic relationship between basic rates of pay with Galway, there has not been a relationship established where other conditions of employment are concerned. The dispute was referred to the Labour Relations Commission. Conciliation conferences were held on the 20th of January, and 8th of September, 1998, no agreement was reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 22nd of October, 1998. A Court hearing was held in Sligo on the 29th of September, 1999, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
1. Firemen in Sligo attained a duty roster following an investigation by the Public Service Pay Agreement Monitoring Committee, which provided for a 40 hour week, 7 day spread and 24 hour cover. The same duty roster is currently applied to one worker in Sligo Fire Station and it is to this roster that the remaining 5 workers wish to be added.
2. The manner in which the conditions of employment have been eroded since 1979 has been to issue changed conditions of employment to new members as they joined the service. The Council has not negotiated any change which is borne out by the fact that one fire fighter who has continued in his position since 1979, has retained his roster.
3. The enforced on-call has caused severe hardship to workers. For instance one was on annual leave from his post as fireman. He had, however, no relief from his enforced on-call and could not go away on his holidays. The workers concerned are in fact both full-time and retained firemen.
4. If the workers are included in the roster, the need to have them as retained or on-call firemen would be removed as the Council would always have a full-time fireman on duty.
5. If the need to respond to calls outside of normal working time is removed then the need to live inside the 0.75 miles of the Fire Station can automatically be dropped. This particular provision causes hardship to the workers, as they cannot choose where they live unlike their counterparts in Galway, who can live up to any distance from the station.
6. Management contend that had they known this would become an issue they would not have employed the latest fireman. However, the Union maintains that the Council failed to negotiate the changes which it implemented in the conditions of employment for the latest recruits to the service. It is obvious that these workers would not settle for being treated as second class citizens within their own station or indeed within the scheme of things nationally.
7. The workers concerned should be placed on the roster as agreed in 1982. The provision which requires full-time members of Sligo Fire Brigade to act as retained firemen should be dropped from the conditions of employment, and that this reverts to the previous situation where members would have the option to turn out if they were available. The need to reside within a particular distance should be dropped forthwith.
COUNCIL'S ARGUMENTS:
Claim (a) Introduction Of A Continuous Shift Roster With A 7-Day Spread & Covering 24 Hours
1. The introduction of such a system would not be of benefit to the operation of the fire service for the town of Sligo, but rather would return it to the unsatisfactory operation which pertained in the mid 1980's, in that turn out times for the Unit were unacceptably long, particularly during the day. A critical time for the Fire Service is during normal working hours. The current arrangement with the presence of a number of full-time firefighters ensures that there is an efficient response during this period to an emergency call. Any reduction in this level of service would have serious repercussions for public safety. If this claim were to be conceded, it would require the recruitment of up to 7 additional personnel to maintain the service at its present operation level, having regard to existing Monday to Friday core hour cover and supervisory requirements. Clearly this would have serious financial implications for the Council.
Any alternative continuous shift roster, which the Union might propose to operate within existing staffing levels, would fail to meet the Council's statutory obligations to perform as a competent fire authority in accordance with the Fire Services Act, 1981. Any system which does not give the same cover as is currently provided could not be acceptable to the Council. The system presently operating in Sligo ensures that every incident is attended rapidly, with a general turn out in the region of 5 minutes.
2. Having regard to the above and to the additional weekend, night and public holiday premia involved (estimated at approx. 30% of basic pay), the claim involves significant cost implications, and is clearly in breach of the terms of Partnership 2000.
3. The Council has made a significant investment in the fire service to build up to its present level, despite financial constraints. This has included the provision of a new fire station in Sligo, incorporating a 24 hour watch system and the subsequent recruitment of additional personnel.
Claim (B) - Abolition Of Requirement To Be Rostered On-Call Out Of Hours Including Public Holidays
1. It is a condition of employment of the workers concerned that they are "required to attend at all fires and other incidents on a rostered week on/weekoff basis". Prior to the introduction of this condition, when full-time fire personnel were called, turn-in was optional. This was most unsatisfactory in terms of ensuring that adequate numbers turned in for an incident with obvious inherent risks. Past experience would indicate that where turn in was optional, late night fires in particular were poorly attended and precise numbers could never be guaranteed, which is a basic fire fighter requirement. The Union has indicated that it wants to revert to this position i.e. the personnel concerned would still reserve the right to be called out but turn in would be optional.
2. It is standard practice that Monday to Friday employees, working in essential/emergency services, are rostered for emergency duty out of hours including public holidays.
3. While the Union has indicated that money is not the issue, the rate (as provided for in the conditions of employment) payable nationally to firefighters for call outs, is very attractive and a fire fighter can be paid up to 4 times the basic rate per hour, depending on the time of the call and having regard to the night/weekend and public holiday premia.
Claim (c) - Abolition of Residency Requirement
1. It is a condition of employment for the 6 personnel concerned that they "reside sufficiently close - 0.75 mile travel distance - to Fire Brigade Headquarters" to enable them to function effectively. Prior to the introduction of this condition difficulties were experienced in achieving what would be regarded by the Council as an adequate turn out time i.e. not greater than 5 minutes. Since the introduction of this condition the turn out time has been in the region of 5 minutes for approximately 90% of incidents and this has brought major benefits to the services.
2. A requirement to reside within a certain distance of the workplace is a feature of employment in many essential services.
3. The Council has indicated to the Union that a certain amount of flexibility is available in relation to the 0.75 mile limit where it can be shown that a location outside this distance will achieve a satisfactory turn out time i.e. within 5 minutes. The Union, however, indicated that any residency requirement was unacceptable.
4. The current staffing arrangements in the Sligo Fire Service were designed having regard to the needs of the service. The Sligo Fire Authority is satisfied that the service is currently operating satisfactorily and a change in conditions as claimed by the Union would have a serious detrimental effect on the delivery of a prompt and effective Fire Service and would potentially have serious repercussions for public safety. The claim involving significant cost implications is in breach of the terms of Partnership 2000 and there is no basis for the claim for parity of conditions with Galway.
RECOMMENDATION:
Having considered the submissions of the parties in this case, the Court accepts that the Union's claims have some merit. There are, however, operational and cost implications, of the type highlighted by the County Council at the hearing, which would have to be fully addressed and resolved before the Court could recommend that these claims be conceded.
The Court considers that with further effort on their part the parties may be able to identify ways by which those implications could be off-set or minimised so as to facilitate the introduction of the changes sought by the Union. The Court recommends that further discussions should now take place for that purpose.
Those discussions should take place over a period of not more than two months from the date of acceptance of this Recommendation. Any matters not agreed may be referred back to the Court for further investigation and recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
12th October, 1999.______________________
TOD/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.