FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MONAGHAN COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr Nash |
1. 1. Responsibilities Allowance 2. Increase in Mileage Rate 3. Additional Payment for Annual Leave cover at weekend
BACKGROUND:
2. Monaghan County Council and the Union are in dispute in relation to the Council's restructuring proposals for the Water and Waste Water Management areas. The Union's claims, on behalf of it's members employed as Water and Sewerage Caretakers and Plumber/Caretakers, include Responsibilities Allowance, increase in Mileage Rate and a claim for additional payment for Annual Leave cover at weekends. The proposals involve significant change for currently employed Caretakers/Plumbers in their working conditions. This includes the altering of the current 39 hour/5 day week arrangement being changed to a 39 hour/7 day week roster. Individual Caretakers will be required to assume responsibility in a greater geographical area.
- 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 14th July 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd November, 2005, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union's claim is that a Responsibilities Allowance be applied to each Caretaker. This allowance to be the differential between the maximum point of the Water and Sewerage Caretaker Grade 5 rate of pay and the 7th point of the Assistant Foreman rate of pay on the Craftworkers pay scale. An independent assessment of the levels of change is being sought. The Union contends that this will show specific fact to support the Union claim.
2. The Union's claim, based on the fact that Caretakers are paid a fixed travel allowance in undertaking their normal work duties, is for an increase in the current rate per mile in establishing the fixed travel allowance. A review of the rate per mile has not taken place within the past five years. The Claim is that €1.05 be the rate per mile based on the current motor mileage rates for Civil/Public Servants.
3. The Caretakers agree to provide cover for a colleague when he is on annual leave, up to a maximum of three days. Management's proposed remuneration for the provision of cover is that a caretaker will be paid an allowance of €32.50 for each day that cover is provided. The Union's claim is that cover at the weekends should be paid at the appropriate overtime rate.
4. The claims before the Court are reasonable and fact based and are central to achieving an overall agreement on the proposals for restructuring.
COUNCIL'S ARGUMENTS:
4. 1. The Company considers the claim for Responsibilities Allowance to be a re-grading claim by the Union. The Company contends that this has already been dealt with by an adjudication process under parallel benchmarking. There is no provision under existing national agreements to engage in further re-grading claims.
2. The Council has reviewed existing travel allowances payable in respect of travel on official business and has proposed to increase the current fixed travel allowances to €0.60 per mile. The proposed rate is considered to be more than adequate to cover expenses incurred by staff in the new arrangements and there is no basis for a further increase.
3. The Council has advised that where a Waterworks and Sewerage Caretaker assumes responsibility for a colleague who is absent on leave that they will make a payment of €32.50 per day in respect of the additional responsibility. Any additional travel expenses incurred will also be paid. Covering the absence of a colleague will not usually require working in excess of 39 hours per week and therefore, the issue of overtime will not normally arise.
4. The Council is satisfied that it has sought to approach the introduction of its new structure in a fair and reasonable manner.
RECOMMENDATION:
Three outstanding issues were referred to the Court regarding the proposed new structure for the Water and Waste Water Management facilities. These were as follows:-
- Responsibility allowances for Sewage and Water Caretakers;
- Increase in mileage rate;
- Overtime payment for providing cover for annual leave at weekends.
Responsibility allowance for Sewage and Water Caretakers.
The Union claimed that the restructuring involved significant changes for Sewage and Water Caretakers and sought an extra responsibility allowance for Sewage and Water Caretakers. The amount claimed was clarified as the difference between the maximum of the Sewage and Water Caretaker Grade 5 rate and the seventh point of the Assistant Foreman - €82 per week. Management held the view that there was no basis for the claim stating that the modernisation and re-organisation involved did not result in any increased responsibilities and that the work may in fact be easier as a result.
The Court notes that an independent adjudication process at national level was carried out to review the grading structure in 2004, following which Monaghan County Council management regraded all Sewage and Water Caretakers to Grade 5. Having considered the changes envisaged by the restructuring and taking account of all the circumstances, the Court does not see merit in the claim for the payment of an extra responsibility allowance and accordingly rejects the claim.
The Court notes that this position is an evolving position and may be subject to further review at national level in the future.
Increase in mileage rate
When the Union sought an increase in the mileage rate, the Company offered to increase the rate to 60 cent per mile. The Union were dissatisfied with this offer and sought €1.05 stating that a review in the rate had not taken place for the past five years.
Having considered the view of the parties, the Court recommends that the mileage rate should be increased to 80 cent per mile with effect from 1st December 2005.
Overtime payment for providing cover for annual leave at weekends.
Management proposed as part of the restructuring proposals to pay an allowance of €32.50 for each day that cover is provided for those on annual leave. The Union sought payment of the appropriate overtime at weekends for this cover.
Having examined the points raised by both parties, the Court is satisfied that the allowance for each day of annual leave cover compensates for the extra duties incurred at weekends and accordingly rejects the Union 's claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th December 2005______________________
JO'CDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Joanne O'Connor, Court Secretary.