FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SOUTH DUBLIN COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Cessation Of "Working In The Rain" Allowance.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of approximately thirty of its members currently employed as General Operatives in the Cleansing Department of the Council. The dispute relates specifically to the Employer's proposal to cease the payment of a "Working in the Rain" Allowance that is currently paid to these Workers. The Employer has offered a buy-out to compensate the Workers for the loss of this payment however the Union rejected the Employer's offer and agreement could not be reached between the parties.
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 24th August, 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 27th November, 2012. The following is the Recommendation of the Court:
RECOMMENDATION:
The matter came before the Court by way of a joint referral under Section 26(1) of the Act on 27th November, 2012.
Following some preliminary enquiries from the Court regarding the status of the discussions on the processing of proposals to eliminate allowances in the Local Authority Sector, the Union side introduced the draft minutes of a meeting of the Local Authority Implementation Committee that took place on the 20thNovember 2012.
Referring to the issue of allowances the minutes state at paragraph 8:
“However, they (Management)* indicated that they could commit to an arrangement whereby no action would be taken on the matter (of the elimination of allowances)* in any event at either National Level or at the level of any individual local authority pending further discussion on the matter at the LAIC.”
*Inserted by the Court for clarification purposes
In light of this development the Court recommends that the matter at issue be processed through the procedures in place at the LAIC with a view to resolving the dispute without recourse to a third party procedure.
As both sides confirmed their agreement to this procedure the Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th November 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.