FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CORPORATION - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Mileage rate.
BACKGROUND:
2. The dispute concerns the Union's claim that the current standard area travel allowances paid to 25 Craft Gardeners should be replaced by the official mileage allowance that is paid to professional and administrative grades under the Department of the Environment circular. The current system was introduced in 1993 and provides that 21 designated areas are allocated area travel allowance of £781 per annum and a further 2 are allocated a reduced travel allowance of £525 p.a. In response to the Union's claim the Corporation offered a 25% increase in the area allowance. The Union rejected the offer. The dispute was referred to the Labour Relations Commission. A conciliation conference was held in November 2000 at which the Industrial Relations Officer put forward a proposal which would increase the annual allowance by 40% with effect from January, 2000 on the basis that the integrity of the current system be maintained and that a Management review of the allowance would be undertaken every two years. The proposal was rejected following a ballot of the workforce. A second conciliation conference was held in February, 2001 but agreement was not reached. The dispute was referred to the Labour Court by the Labour Relations Commission on the 2nd May, 2001. The dispute was received in the Court on the 4th May, 2001. A Court hearing was held on the 22nd June, 2001.
UNION'S ARGUMENTS:
3. 1. Other grades are paid mileage allowance due to the fact that they are required to use their cars while carrying out their duties and the mileage rate paid to them is 69-75 pence per mile. The claimants' allowance of £781 amounts to 22 pence per mile and even with the proposed 40 % increase the rate is 28 pence. There is unfairness and injustice to the claimants in relation to the payment of the allowance. When Craft Gardeners deputise for District Supervisors in the Parks Sections they are paid the rates laid down in the Department of the Environment circular for the use of their cars during the course of their work.
2. The costs of running a car have increased substantially and the current allowance does not meet the cost.
3. The Union does not accept that the introduction of a mileage allowance would create inequity. The Union's position is that once workers meet the criteria laid down by the Department of the Environment they qualify for the mileage allowance.
CORPORATION'S ARGUMENTS:
4. 1. The corporation is opposed to the introduction of disparate allowances. The present method is fair and equitable. Management has agreed to increase the allowance by 40% provided the integrity of the current system is maintained.
2. Given the varying sizes of areas the differing number of parks and open spaces and the diverse range of duties the necessity to travel could vary greatly. The consequent disparity in allowances would lead to problems in a number of areas, such as seniority - senior staff claiming the most lucrative area in terms of travelling needs, staff mobility - staff opposing moves to small areas which would lead to a reduction in income. Some areas by virtue of their size would not warrant any payment.
3. At present each gardener knows precisely how much they are to be paid in respect of travel and it is open to each worker to regulate their travel to ensure that the amount paid compensates adequately. While the car is essential in some areas it is not needed in others such as city centre locations.
4. Mileage based car allowances are granted on the basis of journeys undertaken with the amount payable being determined by the submission of regular logs. Given the nature of the duties of gardeners the opportunity to travel as distinct from the requirement would be almost unlimited and would lead to situations where inevitably staff would aspire to obtain maximum allowances possible. This situation would be untenable from a financial viewpoint.
RECOMMENDATION:
Having considered the submissions of the parties, the Court does not consider that a change in the present arrangements to compensate for the use of private transport on official business is warranted.
The Court does, however, recommend that the allowance be increased to £1,200 (euro 1,523.69 ) per annum. Thereafter the value of the allowance should be reviewed biennially by reference to the Consumer Price Index.
Signed on behalf of the Labour Court
Kevin Duffy
29th June, 2001______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.