FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KILDARE COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr. Somers |
1. Payment of drill rate for special duties
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of its members employed as retained firefighters in Kildare County Council for payment of drill rates of pay for performing special duties such as maintenance work, painting, cutting grass etc.Currently payment for carrying out these duties is at general operative rates. The Union contends that all work carried out by these individuals should be paid at drill rate of pay in keeping with County Councils in other Counties. Management rejects the claim.
- The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 15th of April, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th of August, 2004, the earliest date suitable to the parties.
3. 1. Any duties performed are as a result of the member's employment as retained firefighters and therefore they should be paid accordingly. It is normal practice in employment that if an employee act up they get a higher rate and if they act in a lower job they hold they retain their current rate.
2. Kildare County Council recognises the Union's arguments in that the Council is proposing in the 2004 modernisation agenda under parallel benchmarking that all duties as described will in future be paid at drill rate.
3. If the fire services were to use the services of the County Council outdoor staff, they would be charged not only for the operatives involved but would also have an administrative charge imposed which would be a far greater charge than the drill rate.
MANAGEMENT'S ARGUMENTS:
4. 1. The work in question has no relationship to the normal duties of a firefighter. It is casual employment to carry out general duties and the payment for such work at general operative rate is appropriate. Any other individual employed by the council to carry out such duties on a casual or seasonal basis would be paid at this rate.
2. This pay claim which means an increase from €10.45 to €14.43 per hour is an increase of 38% and is precluded under the terms of both the Programme for Prosperity and Fairness and Sustaining Progress.
3. It is common on a national basis for members of the retained fire service to be employed by Local Authorities in other full time positions at different grades. For these individuals there is no relationship between the payment made for their full time employment and their rate of pay in the retained fire service. Individuals engage in these duties as a matter of choice and are aware of the rate of pay that is set.
RECOMMENDATION:
The Court recommends that, in accordance with practice elsewhere, retained firefighters be paid the drill rate when asked to perform the special duties as outlined.
Signed on behalf of the Labour Court
Raymond McGee
19th August, 2004______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.