FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. (1) Claim that 'Wheelie Bin Allowance Buyout Payment' should apply to redundancy package (2) Claim that 'Pay By Use Payment' should apply to redundancy package.
BACKGROUND:
2. In 2008 Dublin City Council and the SIPTU and IMPACT trade unions agreed a deal to rationalise the Council's waste collection service. This involved a reduction in the number of bin collection routes and a consequent reduction in the number of bin crews required to deliver the new service.The new rationalised system was brought in on a phased depot-by-depot basis and to date all northside depots are fully rationalised.
IMPACT and SIPTU are pursuing a claim that a €5,500 payment for buying out a Wheelie Bin Allowance should apply to those applying for voluntary severance in the Domestic Refuse collection area and that a Pay by Weight payment which operates in the Commercial Refuse section should be applied to the severance package for that area.
A 'Waste Management Implementation Group', consisting of Management and Trade Union representatives was set up to deal with issues that arose as a result of implementing the new system. The issues in question have been through the processes set up by the Implementation Group but no resolution could be found.
The dispute could not be resolved at local level and was the subject of two conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 12th January, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th March, 2009.
UNIONS' ARGUMENTS:
3. 1.It was agreed during negotiations between the Trade Unions and Management to buy out the Wheelie Bin Allowance as part of an overall package for all existing bin crews.
2. During information sessions the specific question of the inclusion of the Wheelie Bin Allowance buyout was raised by a number of individuals who were considering the option of voluntary redundancy. At no stage during these meetingsdid senior management disagree or contradict the trade unions' understanding of the contents of the Council's proposals. The understanding was that the Wheelie Bin Allowance buyout would be paid to all permanent staff provided the Council's proposals were accepted by ballot of both trade unions.
3. At no stage either verbally or in communication was there any reference made to the fact that staff opting for voluntary redundancy would not qualify for the Wheelie Bin Allowance buyout, despite the issue being raised by staff at information meetings.
4. The Unions' claim that thePay By Use (PBU) allowance should be treated on the same basis as the Wheelie Bin Allowance for those who took voluntary redundancy on the Commercial routes.
MANAGEMENT'S ARGUMENTS:
4. 1.Management maintains that neither of the claims submitted by the Trade Unions regarding the' Wheelie Bin Allowance' nor 'Pay By Use' were part of the deal agreed with the Unions and balloted on by staff.
2.Management stated that the Voluntary Redundancy (VR) scheme sanctioned by the Department of Environment, Heritage & Local Government was the National VR/ER scheme and that this was clearly stated in the deal. The National Scheme does not provide for the concession of either of the Unions' claims.
3. Staff could not opt to take voluntary redundancy and leave the service on the one hand, and on the other hand opt for the pay re-structuring package that applied to staying in the service.
RECOMMENDATION:
The Court, having carefully considered the submissions of the parties, does not recommend concession of the Unions' claims.
Signed on behalf of the Labour Court
Raymond McGee
14th April, 2009______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.