FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : WEXFORD COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. A. Subsistence - refuse truck helpers. B. subsistence/pay - light-truck drivers.
BACKGROUND:
2. The Union referred 2 claims to the Court. The first deals with refuse freighter crews who work on the rear of the vehicle and collect and empty "wheelie bins". The Union 's claim is that the driver of the vehicle receives a "subsistence" rate of €30.00 per week which is not paid to the rest of the crew. The Union believes that all workers on the vehicle should receive the allowance.
The second issue relates to light-truck drivers. The Union's claim concerns the rate of pay, subsistence and fuelling allowance. The Union maintains that these drivers should receive the national drivers "A" pay rate which is paid to heavy-truck drivers. The Union also believes that they should be paid the same subsistence and fuelling allowance as the heavy-truck drivers. The Council has rejected the claims.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 27th of November, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th of February, 2004, in Wexford.
UNION'S ARGUMENTS:
3. 1.Refuse freighter crews:
These workers are permanently appointed employees on a National pay rate. The present system where only the driver receives a subsistence rate of €30 per week is inequitable and has never been adequately explained.
2.Light-truck Drivers:
The workers concerned are now established full-time drivers. Over recent years the Council has replaced its fleet of "dumpers" with crew cabs/flat bed trucks. i.e. light-trucks. Negotiations have taken place over a protracted period regarding conditions for this new category but no agreement has been reached.
COUNCIL'S ARGUMENTS:
3. 1.Refuse freighter crews:
This is a cost-increasing allowance and is, therefore, precluded under the terms of Sustaining Progress. The allowance has historically only applied to the drivers/ plant operator grades (dating back to the 1960's) and is paid on a "red-circled" basis.
2.Light-truck Drivers:
The vehicles driven by the light-truck drivers do not fall into the category of vehicles classified for driver/plant operators A and B. The Council applies a "ganger" rate of pay to drivers of pick-up trucks. Concession of the claim would cost in excess of €60,000 annually.
RECOMMENDATION:
The Court has considered the submission of both parties to the two claims before the Court:
Refuse Freighter Crew
Payment of a subsistence allowance similar to that paid to drivers of the refuse truck was sought by the crew. Having examined the detail and the historical basis for this payment, the Court can find no rationale for its extension to the claimants. The Court notes that the crew are correctly paid an eating on site allowance, which is paid in accordance with the nationally agreed policy. Therefore, the Court does not recommend concession of the claim.
Light Truck Drivers - pay increase, subsistence and fuelling allowance
Having examined the details, the Court accepts that the claimants are correctly categorised as Light Equipment Operators under the 1981Rationalisation of Pay Rates and Grading Structure for General Operatives and Related Grades in Local Authorities,and are paid accordingly. Therefore, the Court does not recommend concession of the claim.
The Court notes that both these claims are cost-increasing claims and, therefore,
precluded under the terms of Sustaining Progress.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th March, 2004______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.