FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Duties of curators
BACKGROUND:
2. In 2005 the Council introduced a water pricing policy with the aim of having all non-domestic accounts "metered" from January, 2007. Prior to this meters were read by the Curators in the Council - approximately 200-300 meters per year receiving €1.90 for each meter read - but with the increase in the number of meters to be read it was decided to outsource the work. The Curators were compensated for their loss of earnings. The issue is that the Council believes that the follow-up on billing queries remains the work of the Curators whereas the Union maintains that it is part of the contractors' duties. The Curators would be willing to take on the duties if they were paid a weekly allowance but the Council is opposed to this.
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 15th December, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th October, 2010, in Cork.
UNION'S ARGUMENTS:
3. 1. It was the Council's decision to take the work in question away from the Curators, something they were opposed to, but they accepted the compensation element and the eventual loss of the meter reading and all associated work including queries from the Billing Unit. It is ironic that the Council now wants to hand the work back to them. If the Curators agree to do the work they should be compensated accordingly.
COUNCIL'S ARGUMENTS:
4. 1. Agreement was reached with the Union in 2005 that meter reading would be outsourced to contractors. The Curators were paid twice the annual loss for co-operating with the contractors and loss of the allowance. The agreement does not make reference to any other aspect of the Curators' duties. Queries arising from the Billing Unit are included in the job description of the Curators
RECOMMENDATION:
The Court is satisfied that the work in issue in appropriate to the grade of Curator. In these circumstances the refusal to undertake this work is unreasonable.
The Court recommends that the work be undertaken by the Curators as part of their normal duties. In that regard the Court does not recommend that the work should attract an allowance.
Signed on behalf of the Labour Court
Kevin Duffy
29th October, 2010______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.