FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK CITY COUNCIL - AND - FIRE OFFICERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Hearing arising from LCR18852.
BACKGROUND:
2. The case before the Court concerns issues arising from Labour Court Recommendation No. 18852. It was recommended by the Court that a 9/15 roster be established in place of the existing 24-hour shift pattern. It is the Union's claim that before this change can take place effectively, certain provisions by the City Council would have to be implemented. The Union is seeking the creation of four Third Officer positions to perform the administrative duties in line with other whole-time Fire Brigades in Ireland. The City Council disputes the claims of the Union and believe that the creation of an additional rank is not warranted.
The dispute could be not resolved at local level and was the subject of a Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 15th September, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 20th November, 2009.
UNION'S ARGUMENTS:
3. 1 The Union seeks the creation of four Third Officer positions. This would allow Station Officers to carry out fully their training and work schedules while responding to minimum manning requirements.
2 This rank structure should be in place prior to any shift transfer of the affected officers. If the shift change is implemented without appointing the higher ranking officers, the existing administrative duties would not be undertaken.
3 The City Council has failed to show the 9/15 roster to be the most effective.
COUNCIL'S ARGUMENTS:
4. 1 The City Council does not accept that there is a need for an additional rank on its own merits or on the basis of a comparison with Cork and Dublin.
2 There are three supervisory officers employed on any one shift and it is a critical part of a Station Officer's duties to ensure that officer cover is in place. The change in shift pattern does not alter that.
3. There are financial implications for the City Council in employing four additional officers.
RECOMMENDATION:
In Recommendation LCR18852 the Court recommended that all parties accept that the 9/15 roster be accepted. Both parties accepted that Recommendation.
The Court notes that the real impediment to the implementation of that Recommendation was the absence of agreement on the Union's proposal to establish an additional rank above that of Station Officer. It is acknowledged that, irrespective of its merits, that objective is not attainable at this time.
In the circumstances the Court recommends as follows:-
1. Those associated with this dispute should move to the 9/15 roster with effect from the date proposed by management.
2. The Union's aspiration for the creation of a rank above that of Station Officer should be considered at an appropriate time in the future.
3. Any residual issues in relation to other items referred to in the course of the hearing should be discussed further between the parties, with a view to reaching agreement, after the new roster arrangements have become operational.
Signed on behalf of the Labour Court
Kevin Duffy
1st December, 2009______________________
DNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.