FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SLIGO COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. On-call allowance.
BACKGROUND:
2. The claim concerns two workers who are employed by Sligo County Council as full-time Station Officer and Sub Officer respectively. In 1998/1999 the Union processed a claim on behalf of full-time firefighters in Sligo for, inter alia, the abolition of compulsory on-call for the time they are rostered off duty. The dispute was eventually the subject of a Labour Court investigation and recommendation. In LCR 16308 the Court recommended that further discussions take place. These discussions resulted in agreement being reached in regard to the basic fire fighter grade with effect from June, 2000. However the Station Officer and Sub-Officer were not part of this agreement and are still required to be on-call. The Union, on behalf of the Station Officer and Sub Officer, is claiming payment of the on-call allowance, equating to 22.5% of the Station Officers maximum, backdated to June, 2000. The Council rejected the claim. The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. In September, 2002 the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held in Sligo on the 22nd May, 2003, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Retained firefighters are paid a retainer to be on-call on a week on week off basis and are paid accordingly. Fire fees are also paid for attendance at fires and other emergency calls.
2. Senior Officers are paid an on call allowance for being on call and are granted time off in lieu for attending at fires or other emergency calls. Senior Officers are on call two weeks in a six week period.
3. Full time firefighters are not duty bound to attend fires outside normal work hours but have an option to turn-in and are paid the same fire fees as the Retained Fire Service.
4. Station Officers and Sub Officers are currently duty bound to attend calls outside of normal working hours and are not paid for this extra duty other than the fire fees they receive when called out.
5. This extra unpaid duty causes severe hardship to the claimants who spend 26 weeks of the year on call, unpaid.
6. The claimants are not being treated in a fair, equitable manner in relation to other Firebrigade personnel. They should either be paid an on-call/extra duty allowance or, alternatively, they should be released from on-call, but they must be extended the turn-in option that the other firefighters enjoy.
COUNCIL'S ARGUMENTS:
4. 1. It is a condition of employment of both the Station Officer and Sub Officer that they are "required to attend at all fires and other incidents on a rostered week on /week off basis". Both are recent appointments and would, therefore, be aware of their commitment. If this condition were not there turn-in would be optional. This would be unsatisfactory in terms of ensuring that adequate numbers turned in for a fire incident with the obvious risks this entailed. Due to these risks the Council would have to recruit two additional Retained Fireservice personnel to ensure turn-in.
2. The on-call allowance is not paid to full time firefighters in any Brigades. Concession of the claim would have serious financial consequences for the Council and for other Fire Authorities.
3. The Station Officer and Sub Officer are adequately compensated by their existing salaries and fire fees.
4. The claim is cost increasing and precluded under the Programme for Prosperity and Fairness.
RECOMMENDATION:
The management has indicated a willingness to agree to the claimants' request to be released from on-call duties only on the basis that they would not attend fire calls outside normal working hours.
The claimants contend that, although released from on-call duties, they should have the option to attend after hours fire calls.
The Court, having considered the submissions made, accepts management's arguments that it is not appropriate to give the option in this case.
The Court, therefore, recommends that the claimants accept management's proposal for coming off on -call duties, or accept the current arrangements.
Signed on behalf of the Labour Court
24th June, 2003______________________
todFinbarr Flood
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.