FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. 1. Winter Call-Out Roster 2. Overtime for Eircom Cover Work 3. Saturday Tapping into Sewers.
BACKGROUND:
2. The Employer has sought to change the operation of its road maintenance division in terms of changes to the Winter Call-Out Roster. The Union claims that there has been no consultation with the Employer in respect of two further issues, namely, the withdrawal of both overtime for Eircom cover work and Saturday tapping into sewers work.
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 18th November, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th December, 2008, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Union is seeking compensation at three times the annual loss and refers the Court to its previous Recommendation in LCR18851.
2. Change must be introduced in accordance with Section 28(13) of 'Towards 2016' and in line with agreed local procedures.
3.The behaviour of the Roads Maintenance Division of Cork City Council is undermining Partnership.
COUNCIL'S ARGUMENTS:
4. 1. The Council has fulfilled all its industrial relations obligations in relation to consultation and negotiation with the Union on all issues. It is an established practice in Cork City Council that in all instances where compensation for the loss of earnings is applicable it is paid at a rate of twice the annual loss.
2. Overtime or premium payments are not payable for Eircom cover work.
3.The Council reserves the right only to call out staff who are required for Saturday tapping into sewers.
RECOMMENDATION:
The Court has considered the positions of both parties as expressed in their oral and written submissions concerning the three issues referred and recommends as follows:-
1.Winter Call-Out Roster
- The Court is of the view that the normal compensation formula of twice the annual loss is the appropriate level of compensation for the changes required in these circumstances. Furthermore, the Court accepts that the level of flexibility required is reasonable and accordingly it recommends that the Council's proposals outlined to the Union on 23rd September 2008, should be accepted.
2.Overtime for Eircom Work and 3. Saturday Tapping into Sewers
- The Court is of the view that the level of changes made in these circumstances is not significant, however, it believes that the lack of communication prior to the changes being made is unsatisfactory. Therefore, the Court recommends that a process of communication on the changes made should be entered into and completed by 28th February, 2009. In the event that there are any outstanding issues, they may be referred back to the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
21st January, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.