LCR16849

FULL RECOMMENDATION CD/01/90 RECOMMENDATIONNO.LCR16849 (CC00/1468) INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Mr O'Neill

SUBJECT:
1. Terms and conditions of employment of voluntary firefighters on Inishmore.


BACKGROUND:

2. The dispute concerns 8 voluntary fire fighters on Inismore Island. The workers are claiming the full retained fire fighter terms and conditions of employment. The workers commenced service on a voluntary basis in 1994. The workers carry out all the necessary duties of the retained fire fighters as specified by the County Council. The retained service covers 350 houses and 900 people on the island in addition to potential non-domestic fires and boat accidents.

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  The dispute was the subject of a conciliation conference on the 13th of December, 2000, under the auspices of the Labour Relations Commission. As no agreement could be reached both parties agreed to refer the dispute to the Labour Court under Section 26(1)(a)(b) of the Industrial Relations Act 1990 on the 8th of February, 2001. A Labour Court hearing took place on the 20th of June, 2001.
  
  

UNION'S ARGUMENTS:3. 1. The workers are being paid by the County Council for their services but are not paid a retainer. 2. The loss of the service because of poor morale, could have disastrous consequences for the islanders.



3. A fire service is as necessary on the Island as it is in any other part of the Galway County.


COMPANY'S ARGUMENTS:4. 1. There is no comparison between the level of obligations and service required from the fire-fighters on the mainland and an off shore island situation.

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  2. There are other locations where volunteer squads operate without any payment.
  
  3. The average number of call-outs this year is expected to be reduced to 3.3, as a result of the "landfill" closing down. The payment of the full retainer for such a low level of service cannot be justified.
  
  4. Liability for service is restricted to the island.
  

RECOMMENDATION:

The Court has given serious consideration to all aspects of this claim. The Court does not recommend concession of the retained fire fighter terms and conditions of employment to the eight voluntary fire fighters employed at Inishmore.

Given the unique circumstances of the fire fighters service on Inishmore, the Court considers that the offer to pay an ex-gratia payment equal to 50% of the annual retainer allowance is a reasonable offer and should be accepted by the fire fighters involved in this claim. This payment should increase in proportion according as the retainer increases.



Signed on behalf of the Labour Court



Caroline Jenkinson
29th June, 2001______________________
HMCD/CCDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Helena McDermott, Court Secretary.