FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CENTRAL FISHERIES BOARD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Driving Allowance
BACKGROUND:
2. The Union's claim on behalf of its members is for a driving allowance for general operatives in line with what their colleagues working for Local Authorities and other semi state bodies receive. From January to September each year, the workers concerned deliver fish from their base in Roscrea to all twenty six counties and Northern Ireland. It is the Union's argument that these workers are treated less favourably than their colleagues in other semi state agencies because they do not receive the driving allowance. The Company argues that the general operatives that it employes are not full time drivers and as such are not comparable to drivers in the Local Authorities.
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, 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 22nd April, 2009.
UNION'S ARGUMENTS:
3. 1 The workers concerned have relativity with Local Authority general operatives. However they do not receive a similar driving allowance.
2 Only two workers are carrying out driving duties. In light of this the Union does not accept that management can argue against this claim on the grounds of an increase in costs.
3 The workers concerned seem to be an anomaly in that they seem to be the only group of such semi state workers who do not enjoy this allowance.
COMPANY'S ARGUMENTS:
4. 1 The claim is cost increasing and is therefore outside the terms of the National Wage Agreement.
2 The drivers to whom this claim relates are already in receipt of an annual allowance of €202.
3 While relativity may exist between the general operatives of the Board and those operating in Local Authorities, a parity of remuneration has never existed.
RECOMMENDATION:
The Court recommends that the Local Authority Plant Operator B rate be applied to the two claimants in relation to the time which they spend driving only. This allowance should subsume the existing €202 per annum allowance and should apply with effect from 1st December, 2006
Signed on behalf of the Labour Court
Raymond McGee
6th May, 2009______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.