FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRALEE TOWN COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Payment of Sanitary Service Drainage Operative / Jetting Machine Allowances.
BACKGROUND:
2. The dispute before the Court concerns a claim by the Union on behalf of two of its members for the payment of a Sanitary Services Drainage/ Jetting Machine Operative Allowances. The claim is against Tralee Town Council who is the Employer of the workers in question. The Council has rejected the Union’s claim.
The dispute 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 25th April, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 22nd September, 2006.
UNION'S ARGUMENTS:
3. 1.The Union on behalf of their members are seeking an allowance of €70 per (five day) week, i.e €14 per day per operative which will be superannuable and will attract all increases under all national wage agreements or Benchmarking exercises retrospective from 20th April, 2005.
2. In the undertaking of their duties the Union's members find themselves working in human and associated domestic/industrial waste. The duties are undertaken in confined and dangerous to access/move-in areas.
3. The allowance being sought is being paid to employees of Limerick Corporation / Limerick City Council who are carrying out similar work.
MANAGEMENT'S ARGUMENTS:
4. 1. The allowance being paid to employees of Limerick City Council is only applied to General Operatives who are permanently assigned to the Drainage Maintenance Section and who were already in receipt of the allowances it replaced.
2. The claim is lodged with a town council; the division of work and the operation of a town council differs totally from a county/city council.
3. The workers concerned only carry out sewerage duties on a very occasional basis; in the case of one worker the duty was carried out on 24 days between the 1st January and 31st August 2006, the other worker performed the duty on 44 days during the same period.
4. The Drainage Operative Allowance does not exist in the majority of local authorities. The introduction of the General Operative grade structure in 1981 specifically excluded all allowances with the exception of dirty money.
RECOMMENDATION:
Having considered the submissions made by the parties the Court does not recommend concession of the Union's claims on the basis that town councils in general do not pay separate allowances for this type of work.
Signed on behalf of the Labour Court
Raymond McGee
9th October, 2006______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.