FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : KILKENNY COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Various issues (five).
BACKGROUND:
2. Kilkenny County Council and the Union have made significant efforts to address 13 various issues which arose in late 2007-early 2008, and which could affect approximately 70 mainly General Operative and related grades.
However, 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 on 5 remaining issues, the dispute was referred to the Labour Court on the 17th April, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 30th September, 2008.
UNION'S ARGUMENTS:
3. 1. The current Driver's Meal Allowance/Dinner Money was agreed 30 years ago and has not been index-linked in line with either the National Wage Agreements nor the CPI within the last 8 years and is in need of urgent updating especially when the rate is compared to the rate paid by Kerry Co. Co.
2. Regarding the claim for Enhanced Public Holiday Payment-Water and Sewerage Caretaker the Union is seeking 4 hours at basic pay plus a day in lieu in order to bring them into line with practices within Offaly Co. Co.
3. Water and Sewerage Caretakers receive a €73 weekend allowance which is part of their normal earnings and this ought to be taken into account when calculating their average payment due during Sick Leave.
4. A Regrading Claim was lodged in April 2006 after the post of Superintendent at the Purcellsinch Treatment Plant became vacant and this post has never been filled and instead the post is covered by the remaining Special Treatment Plant Operatives (STPO) whose greater responsibilities should be acknowledged by way of an acting-up allowance.
5. The Craftsman's Mate meal allowance should be paid to the Craftsman's Mates at the same rate as the Craftsman's rate, as is applied by Limerick Co. Co., when they are working with the Craftsmen.
COMPANY'S ARGUMENTS:
4. 1. Driver's Meal allowance historically was adjusted in line with the CPI and was fixed for the period between June 2002 and June 2005 at €4.77 per day. An offer was made by the Council to increase this by €0.90 per day but this offer was not accepted by the Union.
2. Public Holiday Payment for Caretakers is already fully catered for, as this is usually only a checking exercise which takes about an hour to ensure that there are no emergencies and Caretakers are paid two hours' overtime for their attendance at the plant and so no increase can therefore be justified or warranted.
3. To include the Weekend Allowance in the calculation of the Sick Pay rate would, if conceded, be in conflict with "Towards 20016" as it is a cost-increasing claim.
4. The post of Superintendent at Purcellsinch Treatment Plant was replaced by the post of Chemist, who has the day-to-day responsibility of managing the plant and therefore there is no requirement for the regrading of staff to fill the position.
5. The Craftsmen's Mate are analogous to General Operatives in terms of pay and conditions of employment and they are therefore eligible for the eating-on-site allowance and not the meal allowance as per National Agreement.If conceded this claim could have serious knock-on effects and cause a financial burden on all Local Authorities.
RECOMMENDATION:
Having considered the submissions made by the parties, the Court recommends as follows:-
(1.)Drivers' Meal Allowance:
The offer made locally by the Council should be accepted by the Union as being fair and reasonable.
(2.)Enhanced Public Holiday Payment - Water and Sewerage Caretakers:
The Court does not recommend concession of this claim.
(3.)Average Payment during Sick Leave - Water and Sewerage Caretakers:
The Court does not recommend concession of this claim.
(4.)Regrading claim, STPOs, Purcellsinch:
The Court does not recommend concession of this claim.
(5.)Craftsmen's Mates - Meal Allowance:
Given the established norms on eating-on-site / meal allowances in Local Authorities, which were nationally negotiated and agreed, the Court cannot recommend concession of this claim.
Signed on behalf of the Labour Court
Raymond McGee
22nd October, 2008______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.