FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. 1. Changes to the role of the ECO's in respect of collection and disposal of refuse. 2. Acceptance of use of Council transport by ECO's.
BACKGROUND:
2. The elected Council members adopted a budget in December 2008 which included cost cuts of €442,000 in the Litter Management area. There are 3 Environmental Control Officers (ECOs) whose primary function is to investigate complaints regarding littering and illegal dumping.
As a result of the Councils proposals and their cost saving initiatives the ECO's role and responsibilities would change which includes alterations regarding the inspection and removal of illegally dumped rubbish in Council's own vehicles. These changes are at the heart of the dispute.
The matter 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 9th April, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th April, 2009.
UNION'S ARGUMENTS:
3. 1. No other group of staff has been systematically targeted in this manner, the proposals are ill conceived and would result in the diminution of the ECO's role. The picking up of litter is the responsibility of the Clean-Up Crew consisting of 3 at General Operative grade.
2. The change of use from their own private cars or vans to Council vehicles would result in a significant loss of mileage entitlements. A buy-out of mileage allowance or other agreed compensation package should be put in place.
3.There are several months of mileage allowance claims outstanding, these claims should be now be paid to the ECOs.
COMPANY'S ARGUMENTS:
4. 1. The Council's budget is framed in such a way that seeks to protect employment in the Council. Therefore it cannot ignore inefficient work practices that have a serious effect on productivity and costs.
2. The Council is obliged to ensure value for money in its operations, particularly in a time when resources are scarce. The Council is merely seeking the flexibility required of staff in this climate of employment uncertainty.
RECOMMENDATION:
The Court recommends that the dispute should be resolved on the following basis:-
- 1. The workers should agree to collect a small number of bags containing litter provided they are intact. This should not be seen as a precedent for any expansion of this role in the future.
2. The workers should use the vehicles provided by the Council in the course of their work.
3. The Council should ensure that the ECO's are, as far as practicable, deployed outside the area in which they reside.
4. Outstanding expenses should be paid and the workers should cooperate with the logging arrangements proposed for the future.
Signed on behalf of the Labour Court
Kevin Duffy
15th May, 2009.______________________
JF.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.