FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. 1. Red-circle 3.75 hours per week (environmental rate) 2. Red-circle c. 40c hourly differential rate.
BACKGROUND:
2. This dispute concerns a claim for the retention of the rate of pay and Environmental Rate paid to the Workers who, following the Council's privatisation of its waste collection service, were redeployed to a new section in the Council.
This dispute was the subject of a Conciliation Conference held under the auspices of the Labour Relations Commission but, as no progress could be made, on 4th May 2011, both parties requested that the dispute be referred to the Labour Court for a full hearing. In accordance with Section 20(2) of the Industrial Relations Act, 1969, both parties agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 19th July, 2011.
UNION'S ARGUMENTS:
3. 1. Section 1.15 of the Public Service Agreement states that 'there will be no further reductions in the pay rates of serving public servants for the lifetime of this agreement'.
2.The Workers cooperated fully with the privatisation of the waste collection service and their redeployment to a new section.
3.The Workers are entitled to keep their existing rate of pay and an allowance for work they will continue to do.
EMPLOYER'S ARGUMENTS:
4. 1. The 40c per hour differential and environmental rate only applied to the waste collection service.
2. The Workers are no longer employed in the waste collection service and to red-circle the differential and environment rate would create grievances and lead to inevitable knock-on claims.
3.The Council proposes to buy out the loss in accordance with the methodology in the Public Service Agreement.
RECOMMENDATION:
The Court has given detailed consideration to the extensive oral and written submissions of both parties in this case.
The Court has taken all matters into account, including the provisions of the Public Service Agreement 2010 - 2014, and recommends as follows:
Retention of the Hourly Rate - the Court recommends concession of this claim.
Retention of Environment Allowance - the Court recommends that the Council buy out this allowance at the rate of 1.5 times the annual loss to each individual.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
21st July, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.