FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LEITRIM COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Changes to work areas and issues arising.
BACKGROUND:
2. This case concerns a dispute between Leitrim County Council (represented by the Local Government Management Services Board) (LGMSB) and Services Industrial Professional Technical Union (SIPTU) in relation to proposed realignment of the four designated work areas within the County of Leitrim. The workers affected are General Operatives and Supervisory grades. The parties are in dispute generally in relation to the applicability of the provisions of the National Wage Agreement Towards 2016 (28.13).
The Union argues it is compliant with the provisions of the Agreement on the basis of a review having been carried out, whereas Management argue that the Agreement provides for the changes.
The issues in dispute concern Travel and Subsistence payments, Temporary Staff, Retirement/Exit Package, Use of Contractors and Welfare Facilities within each area. The Union position is that travel payments should be paid to all staff based on actual mileage travelled and not based on direct point to point mileage. The Union also contends that management are not adhering to the National Agreement on the use of contractors as there is no consultation with the workers. Given the age and length of service of some of the workers, the Union is seeking an exit package and subsequent replacement of workers wishing to avail of the package. An issue also exists in relation to the required number of temporary staff needed on the basis of future projects undertaken by the Council. On this issue the Union is seeking an agreed process going forward in relation to such panels. The Union also contend that basic workplace facilities are not adequate in the designated areas of work.
Management's position on the Travel and Subsistence issue is that it is inapropriate to compensate workers for travelling to work. It contends that the Exit Package will be considered although an issue of non replacement may cause dificulties. Management also contend to be fully compliant with the National Agreement pertaining to the use of contractors. In relation to the welfare facilities, an upgrade is ongoing with the purchase of three new welfare units.
The dispute was not resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the dispute was referred to the Labour Court on 31st March, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 1st April, 2008
UNION'S ARGUMENTS:
3 1 The Union is fully compliant with the provisions of Towards 2016. A commitment to examine the proposed changes was given and complied with. In any event these issues pre-date the Towards 2016 Agreement.
2 Consideration must be given to workers with long service who may not be in a position to take on the additional work and travel that the change will inevitably bring. On that basis an Exit package should be considered with full staff replacement of those availing of the package.
3 Panels of Temporary staff should not be affected by the proposed changes to the designated area of work. A system is needed to ensure numbers of temporary workers on panels are maintained under the new system.
4 Basic utilities are not available in some locations. In some cases there is no electricity and other basic facilities are not being provided.
5 Management are in breach of the National Agreement on the use of contractors as there is no consultation with the workforce.
6 Travel payments should be paid to all workers on the basis of actual mileage covered and not on the basis of point to point calculations. Consideration must be given to the geographical outlay of the County and the additional mileage undertaken.
COMPANY'S ARGUMENTS:
4 1 The National Agreement Towards 2016 provides for the current changes under individual Local Authority action plans. Payments made under the Agreement are conditional on the delivery of elements contained in the action plans.
2 Management are satisfied that it is compliant with the relevant National Agreement on the use of contractors as consultation has taken place with the workforce.
3 There is currently an improvement of facilities and a commitment has been given to be fully compliant with statute in relation to the provision of facilities on site.
4 A proposal was put forward in relation to travel payments which would be applied in the unlikely event that the proposed changes result in additional travel.
5 Management are willing to address individual concerns in relation to any issues that arise relating to the proposed change.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends that these proposals which emanated from conciliation, dated 20th March 2008, should be accepted subject to the following modifications: -
Travel allowance
The proposal on daily travel allowance should be accepted but the bands and rates should be amended as follow:-
9 – 19 km per day - €8.00
20 – 29 km per day - €12.00
30 – 38 km per day - €17.00
39 km and over - €22.00
The basis of calculation and the conditions attaching to the payment of these allowances should be as set out in the proposal of the IRO.
Welfare facilities
The Court recommends that the Council should take such measures as are necessary to bring it into compliance with its statutory obligations under the Safety, Health and Welfare at Work Act 2005, relating to the provision and maintenance of facilities and arrangements for the welfare of employees at work. These measures should be fully implemented within six weeks from the date of acceptance of this Recommendation.
Staff numbers.
Immediate discussions should take place between the parties on the operation of temporary staff panels.
VER package.
The Court does not recommend concession of this claim.
Use of Contractors
The Court recommends that the use of contractors be strictly in accordance with the National Contractors Agreement.
All other aspects of the IRO’s proposals of 20th March should be accepted.
On this basis the new work areas as proposed by the Council should be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
1st April 2008______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.