FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Incremental Credit; Time + 1/6 In Respect Of 6-8Pm.
BACKGROUND:
2. This dispute concerns two issues in relation to full-time firefighters. The first issue concerns the treatment for incremenatal purposes of previous service with the retained fire service, and the second issue concerns a claim for the payment of time plus 1/6 in respect of working between 6pm and 8pm. The time plus 1/6 arrangement was conceded in the Dublin Fire Service as part of the PCW agreement, and it has since been extended to other fire services. Galway County Council are now seeking, as part of the deal on incremental credit and the application of time and 1/6, that overtime rates replace the traditional fire fees payable when firefighters are required to remain on duty past the normal end of shift. The Union have rejected this because it is a significant change in its members' contracts of employment and would result in a significant loss of earnings.
This 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 20th December 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th June 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The issue offire fees payable when fire fighters are required to remain on duty past the normal end of shift was raised for the first time by Galway County Council in the middle of a conciliation conference on two seperate issues. The introduction of this issue in this manner has undermined SIPTU's ability to conclude a deal on the original two claims.
2. Fire fighters in other local authorities, such as Dublin, Cork and Limerick, have been in receipt of the time and 1/6 payment since 1998 yet, in an attempt to conclude a deal, SIPTU's members are willing to accept the payment retrospective to November 2005.
3.Galway County Council cannot expect its firefighters to forego a condition in their contract of employment which would worsen their conditions of employment cause a loss of earnings in order to finalise a deal on two unrelated issues which have been outstanding for a number of years.
EMPLOYER'S ARGUMENTS:
4. 1. There is no uniform system in place in local authorites for the awarding of incremental credit to firefighters who have served as a retained firefighter. The Council's proposals do not disadvantage existing staff.
2. Although the claim for the payment oftime plus 1/6 in respect of working between 6pm and 8pm is cost-increasing, it would not be precluded under "Towards 2016" if the Union agreed to increased productivity changes in return for its concession.
3.The Council believes that the level of change it is seeking in return for the concessions sought by SIPTU is minimal and reasonable in the circumstances.
RECOMMENDATION:
The Court has fully considered the submissions of the parties in this case. Having done so it appears to the Court that the overall package negotiated at the LRC is reasonable. However, in order to bring about final agreement in this matter the Court recommends that the multiplier for compensating loss arising from the change from fire fees to overtime be increased to four times the loss.
Signed on behalf of the Labour Court
Kevin Duffy
7th July, 2008______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.