FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DONEGAL COUNTY COUNCIL - AND - A GROUP OF LORRY/PLANT DRIVERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Withdrawal of Travel Time Payment.
BACKGROUND:
2. As part of the overall public sector cut backs the Donegal County Council ceased a Travel Time Payment to 41 lorry/plant drivers earlier this year. This payment was part of a long-standing arrangement dating back to 1976, whereby the drivers kept the vehicle at their homes overnight and transported other Workers and equipment to and from work sites in order to be ready to start at normal start time and to work on location right up to normal finishing time.
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 27th August, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th October, 2010.
UNION'S ARGUMENTS:
3. 1. The majority of drivers have lost in the region of €200 per week, a sum that they had grown accustomed to over many years. The Workers cannot afford to loose such an amount especially as the payment was also reckonable for Superannuation purposes.
COUNCIL'S ARGUMENTS:
4. 1. The Council must reduce all unnecessary costs and additional payments in order to maintain core earnings. The payments were not pensionable as is claimed by the Union.
2. There are no other options available to the Council who must reduce costs in the most equitable manner possible.
RECOMMENDATION:
The Court is satisfied that the payments in issue, which are described as overtime, are in reality allowances for the performance of additional duties. It is noted that the agreed framework does not expressly provide for the discontinuation of allowances in circumstances where the duties for which they are paid continue to be performed. Having regard to the fact that the duties for which the disputed allowances are paid continue to be undertaken, the Court recommends that the allowances be restored. In so far as staff may have been required to undertake travel without payment of the approved allowances, the Court recommends that these be restored.
Signed on behalf of the Labour Court
Brendan Hayes
22nd October, 2010______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.