FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. On-call allowance.
BACKGROUND:
2. The claim is on behalf of 14 full-time Station Officers (scale C) for an on-call allowance in line with other grades in the Fire Station and Local Authorities. The Station Officers are paid a weekly wage based on a 39 hour working week.
A 3-tier national pay rate applies to full-time firemen. Scale A Station Officers supervise full-time fire-fighters in large cities, Scale B Station Officers supervise full-time and retained personnel, and Scale C Station Officers supervise retained personnel in many of the larger towns throughout the country. There is approximately a 7% differential between Scale C and Scale B, Scale B being higher.
There has been a long-standing claim from the Union for parity between Scale B and Scale C. Management claims that the 7% parity claim has been agreed in principle in the context of the PCW restructuring clause.
The claim for an on-call allowance was referred to the Labour Relations Commission and a conciliation conference took place on the 16th of March, 2000. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 6th of June, 2000, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th of September, 2000.
UNION'S ARGUMENTS:
3. 1. In the retained fire service at present, retained Station Officers, who are normally employed elsewhere during the day, receive an annual retaining fee of £8,563. The 14 workers concerned, who are on-call 24 hours per day, receive no retainer/on-call allowance.
2. Scale B officers do not have an on-call allowance as it is up to themselves whether they come in to answer calls. Where necessary, calls are covered by workers on shift.
3. Full-time Station Officers are only paid at the retained fire fighters rate outside of their standard working week. This means that their supervisory role is not recognised or rewarded for these additional hours. Also, the workers do not receive overtime premia for working these hours.
BOARD'S ARGUMENTS:
4. 1. Scale C Station Officers are in line to achieve a minimum of 16% under the PCW, subject to final agreement on productivity.
2. Following agreement in principle on the parity claim between Scale C and Scale B, the current claim is contrary to that agreement. If Scale C officers received an on-call allowance, Scale B officers could seek the same. An obligation to attend fires out of hours has traditionally been part of the normal duties for full-time Station Officers.
3. If the claim were conceded, Scale C officers would have a substantial pay differential over existing Scale B officers. This is precluded under the terms of the Programme for Prosperity and Fairness (PPF).
RECOMMENDATION:
The Court considered the written and oral submissions made by the parties. A number of issues were raised at the hearing, including arguments made by Management in relation to the validity of this claim under the PCW and PPF, and the claimants' arguments that they are suffering an imbalance in payments as against others in the fire fighting area.
However, at the hearing it was clarified by Management that the parity proposals put to the Union dated 1st of June, 1999, were dependant on acceptance by the Station Officers that they would continue to attend fire service call as at present, as outlined in Section 1(e).
The Court recommends that this Parity Agreement be the basis of resolving the dispute.
Signed on behalf of the Labour Court
Finbarr Flood
19th September, 2000______________________
CON/CCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.