FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1); INDUSTRIAL RELATIONS ACT; 1990 PARTIES : WATERFORD CORPORATION (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Introduction of 4-cycle shift system.
BACKGROUND:
2. Waterford City Corporation operates a Fire Brigade Service using a combination of full-time firemen and retained firemen. The full-time firemen are rostered to cover the hours from 9.30 am to 10.30 pm, and both off-duty full-time firemen and retained firemen are used outside those hours.
The Corporation is seeking to change the present arrangements for operational and cost reasons. It has, therefore, proposed a 4-cycle shift system to provide 24-hour cover by full-time firemen. The shift system proposed comprises a combination of 8- and 12-hour shifts, which the Corporation says will allow for time off at reasonable intervals. The Union is agreeable to a 4-cycle shift system, but wants a system based on 9- and 15-hour shifts which it says is the "tried and trusted" system used in Dublin, Cork and Limerick.
The Corporation is opposed to the introduction of "sleeping shifts" in Waterford, maintaining that a 15-hour shift is too long and not in keeping with the spirit of the Working Time Directive. It would prefer shorter shifts on which the men could carry out work such as checking water supplies and familiarising themselves with major buildings where there is potential for large fires.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission, at which agreement was not reached. The dispute was referred to the Labour Court on the 9th June, 1999, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. Subsequent to the referral, a further meeting of the parties was convened by the Commission at which it emerged that the Corporation had obtained a report by a consultant, Mr. Gunnar Haurum, on matters covered by the dispute. The Corporation indicated that it wished the Union to have sight of the report, before the Court hearing. The Union, however, declined to meet with the consultant in question. The Court carried out its investigation into the dispute, in Waterford, on the 23rd of September, 1999.
CORPORATION'S ARGUMENTS:
3. 1. In terms of activity levels, Waterford Corporation is at the level where it may justify a full-time fire service, but the numbers are still small enough to be capable of being dealt with by a semi full-time service with an enhanced retained service. Notwithstanding this, the Corporation is committed to the introduction of a 4-shift system and has made this fact known to the Unions on many occasions. The Corporation has made it clear, however, that the structures of any new system would have to be viable both from an operational and cost standpoint.
2. The Corporation's proposals would provide for:
a. The introduction of a 4-cycle shift system based on 8-hour shifts.
b. An increase in the staffing level from 20 to 28.
c. Maintenance of stand down time levels already in existence, i.e., approximately 50%.
d. An average increase in normal earnings of between £1,000 and £2,000 per annum.
e. Meal times being part of normal working hours, thereby resulting in a shorter working day.
f. Days and nights to be grouped together to make the roster as balanced as possible in the interests of the welfare of the fire fighters.
3. Although, there will be an £1,000 to £2,000 per annum increase for the fire fighters in relation to the revised roster it is acknowledged that, under the revised arrangements, full-time fire fighters would not be called in to attend fires while off duty. At present these fire fighters earn on average approximately £4,000 per annum depending on their individual level of response to such calls. The Corporation recognises that there will be a loss of earnings in this regard and is committed to addressing this issue.
4. The Corporation has indicated that it is prepared to be flexible on almost all aspects of its proposals. However, the Corporation feels very strongly in relation to the type of shift system and the Union's claim for a 15-hour night shift system. Such shifts are, effectively, sleeping shifts and there is no justification for the introduction of such a system from either a service or staff health and safety standpoint.
5. The Union has argued that Waterford fire-fighters should have a 15-hour shift in line with Dublin, particularly, and Cork and Limerick. Waterford fire-fighters have no direct pay relationship with Dublin, Cork or Limerick fire-fighters. Their direct pay relationship is with Drogheda and Dundalk fire-fighters who do not work 15-hour shifts. The maximum duration of a shift in Drogheda and Dundalk is 12 hours. Also, the normal shift duration for other emergency services range from 8 hours to 12 hours.
6. The Union's proposals of a 15-hour shift is out of line with the spirit of the Working Time Legislation (details supplied to the Court).
7. The Corporation's proposed system is a reasonable arrangement which guarantees that the required number of fire-fighters will respond to calls within acceptable time limits having regard to the safety and health protection principles.
UNION'S ARGUMENTS:
4. 1. The Union is willing to discuss the transfer to a 4-shift system as in other fire stations. However, the introduction of a 4-shift pattern that is different from that currently worked by colleagues around the country would break parity with them and, consequently, the Union could not enter into an agreement on such a shift pattern.
2. If the present system needs to be investigated, as suggested in Mr. Haurum's report, a National Working Party should be set up to consult on the issues raised.
3. The Union, in response to the Corporation's concerns about actual time worked, proposed, without precedent, that the Corporation would introduce the 9 hour/15 hour (168 hours a month) shift system and that the amount of time actually worked would then be negotiated.
4. The Union is prepared to consider proposals for the interim period, provided they are based on guaranteed funding and an agreed time scale, taking into account the traffic situation, distance to be travelled and road works, when allowing for response times.
RECOMMENDATION:
Both sides are agreeable to the introduction of a 4-shift arrangement but the basis of the roster to be used is in dispute.
The Court is conscious of the Union's concern in relation to setting a national precedent by accepting the proposed 12-hour shift arrangement.
The Court notes that central discussions are likely to be in place, in the next few months, that would have implications for this case.
The Court, having considered all the information before it, recommends that this proposal be put on hold for 6 months, at which stage the Court will make a definitive recommendation on this issue.
Signed on behalf of the Labour Court
Finbarr Flood
21st October, 1999.______________________
MK/BCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Keegan, Court Secretary.