FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WICKLOW COUNTY COUNCIL & ARKLOW URBAN DISTRICT COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Termination Of Council's Refuse Collection Service
BACKGROUND:
2. The local authorities in County Wicklow have been providing refuse collection services for a number of years based on an annual household charge.
In July, 1999, discussions took place between the parties in relation to the future of the Council's refuse collection service at which the Union indicated that it was opposed to the privatisation of public services and would resist any move by the Council to introduce privatisation. Further discussions took place but progress could not be made.
In November, 1999, the Wicklow County Council, Bray Urban District Council, Wicklow Urban District Council and Arklow Urban District Council decided not to include a refuse collection charge in their Estimates of Expenses and announced their decision not to provide a refuse collection service in the Year 2000.
Discussions took place between the parties on the 15th of December, 1999 with the assistance of an independent third party following which a set of proposals (details supplied ) put forward by the facilitator were rejected by the workers. At the meeting of the 20th of December, the workers employed by the Bray Urban District Council withdrew from the process in anticipation of a change in the Council's decision to withdraw from refuse collections. Currently a refuse collection service is operating in Bray on a trial basis.
The matter was the subject of a conciliation conference held under the auspices of the Labour Relations Commission. As agreement could not be reached the dispute was referred to the Labour Court on the 3rd of February, 2000 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th of February, 2000. A recommendation was issued by letter on the 11th of February, 2000.
UNION'S ARGUMENTS:
3. 1. The workers consider that the proposals put forward by the independent third party failed to address the priority concern which is the retention of employment in refuse collection.
2. The proposal to discontinue the service is at variance with Clause 10.16 of Partnership 2000 which states that "It is recognised that successful change must be based on a partnership approach both at the overall public service level and within individual organisations. The objective is to achieve joint ownership by management, unions and staff of the entire process. To this end, an adversarial approach to change must be replaced by an open, co-operative process based on effective consultation and participation by all concerned".
3. Wicklow County Council is owed £1 million in unpaid service charges and it is the Union's view that a more vigorous approach to eliminating these debts instead of jobs would be more beneficial for all concerned.
4. The Wicklow/Arklow settlement proposals is less than the Bray UDC and in the circumstances the goodwill payment should be included, as unlike other binmen the staff in Wicklow/Arklow were not given the option of remaining in refuse collection.
5. The 5 weeks formula should be in addition to superannuation and the retraining grant is in accord with the principles of Charter nine of P2000.
COUNCIL'S ARGUMENTS:
4. 1. In pre-estimate discussions with staff employed on the refuse collection trucks and the Union, management indicated that changes would be necessary in relation to the manner in which the local authority was involved in refuse collection and the whole area of waste management. This included the possibility that the domestic refuse collection service would be privatised.
2. During the discussions for the Estimate of Expenses for the year ending the 31st of December, 2000, a decision was made not to impose refuse collection charges. The decision was reached based on the cost increases that householders were being asked to accept and the Council was satisfied that the private sector was in a position to provide a service in compliance with the Waste Management Act, 1996.
3. The decision made at the Estimates meeting accelerated the process whereby the local authority had to discuss with the staff the necessity to change work practices and to redeploy to other employments in the local authority. At meetings with the Union, it was clearly stated that privatisation was not open for discussion.
4. The Union did not advise the Council as to why the document put forward by the independent third party was rejected. No issues in connection with the document were raised with management from the time the document was exchanged and agreed by both parties in December. It is considered that the political situation pertaining in the county having regard to developments in Bray UDC may have impacted on this.
5. Management was advised on the 24th of January, 2000, by the Union that should the Council alter the conditions of employment of the workers concerned without agreement, that workers would withdraw their labour by way of strike action together with their colleagues employed at the landfill sites at Ballymurtagh and Rampere as and from starting time on Tuesday, 1st of February, 2000.
6. The County Council did ask at the very outset of the discussions on the 31st of January, 2000, that the strike be deferred and that a cooling off period of 2 weeks be allowed whereby the drivers and their refuse collection unit would be kept together adjacent to the previous areas of activities in relation to the refuse collection service dealing with a general clean up in the county. This was on the basis that progress could have been made in relation to finalising the financial details as set out in the proposals viz a vis buying out of task and finish overtime, together with an agreed voluntary/severance package.
7. There is a need for a policy and implementation plan for future waste management in the County to conform to Irish and E.U. waste policy and legislation. The recently published Government Policy document "Changing our Ways" and the new Framework of the Waste Management Act, 1996, recognises the urgent need to modernise waste management practise and to secure the provision of an environmental efficient infrastructure.
8. The current situation now indicates that Ballymurtagh landfill will close mid 2000. The only available option in accordance with Government policy (to extend existing facilities) is that the Council proceed to extend the facility at Rampere. This in conjunction with the use of a private licensed landfill site in Kildare for the non organic fraction would give approximately four to five years capacity for all waste arising in the county.
9. It is clear that Wicklow County Council must dramatically change its whole approach to waste management as outlined above. In this time frame of four to five years, it is the Council's intention to progress the transition from the traditional use of landfill as a primary end disposal route for waste towards a more sustainable and environmental approach in line with the recognised hierarchy of options.
RECOMMENDATION:
The Court has given consideration to all aspects of this dispute. While recognising the County Council's requirement to carry on its business without the cost of a refuse collection service, the Court is concerned at the lack of consideration given by the County Council to the plight of the workers involved when the decision was taken without warning, by the members of the Council. Like any other employer making a radical change to its business, workers interests and legal entitlements must be borne in mind.
The Court recommends an immediate resumption of work, albeit on different duties.
Based on the information supplied to the Court, the Court recommends that the County Council should amend its offer as follows:-
For those who opt for redeployment:-
- Loss of Task and Finish - £2900
- Redeployment payment - £1000
- Loss of Systematic Overtime - 1.5 times the loss calculated
- Re-training Grant - £250
- The functional rate should be retained on a personal to holder basis.
The County Council has indicated that they will provide retraining where necessary, for those redeployed.
For those who opt to leave:-
- The 1987 Voluntary Redundancy/Early Retirement package,
- Re-training Grant - £500
- Five weeks pay per year of service, inclusive of statutory redundancy,
- Re-training Grant - £500
All workers involved in this claim should also receive £1000 in recognition of the loss of employment as refuse collectors and the fact that a reversion to refuse collection is not a possibility in this case.
The Court recommends that the proposal regarding the option to opt for Voluntary Redundancy/Early Retirement within three months from the date of redeployment should continue to be available.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th February, 2000.______________________
FB/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.