FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Introduction of On-Call System
BACKGROUND:
2. Cork County Council is seeking to apply an on-call allowance at the same rate as paid to Craft Workers and General Operatives to 19 Environmental Technicians which is taxable, superannuable and will increase in line with National Pay increases. The Union contends that it is not appropriate to compare Environmental Technicians with grades that have their own separate pay determination structure.
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 22nd January 2007 in accordance with Section 26(1) of the Industrial relations Act, 1990. A Labour Court hearing took place on the 3rd October, 2007.
UNION'S ARGUMENTS:
3. 1. The amount of on-call payments should reflect the responsibility attached to the post as they may also be required to work in inclement weather and at hazardous and dangerous sites.
2. The Union considers that €250.00 per week to be a fair and equitable payment as the Workers are obliged to give a county-wide emergency coverage for a total of 98 hours per week while rostered on-call.
COMPANY'S ARGUMENTS:
4. 1. Since 1997 the Council has been trying to introduce a formal emergency on-call system. In 2005 an independent adjudicator issued her findings, which were binding on both parties, under which the Workers would get 4 hours' pay minimum at double time for each call-out and would currently get a weekly payment €80.77 while rostered on-call.
2. Any change in payments would be cost-increasing and would have knock-on implications for other parts of the service.
RECOMMENDATION:
Having considered the submissions of the parties, the Court is of the view that the offer made by the Council is fair and reasonable and should be accepted by the Union.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
30th October, 2007______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.