FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Change in work practice.
BACKGROUND:
2. The Eastern Region Communications Centre provides emergency call-taking for counties Kildare and Dublin amongst others. Blanchardstown and Tallaght Fire Stations respond to calls in both Dublin and Kildare and in April 2013 the Unions raised Health Safety and Welfare concerns regarding work change practice introduced since the Dublin Fire Service commenced responses to calls in Kildare in 2009. Management are of the opinion that there is no added risk in these changes as this is the norm throughout the whole country with the sole exception of Dublin.
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 25th October, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 27th November 2013.
UNION'S ARGUMENTS:
3. 1. In the absence of a comprehensive risk assessment the work practices in place for Dublin area are appropriate taking into consideration best international practice.
2. An agreed expert third party should be requested to explore the possibility of a reduction in the existing Dublin Fire Brigade safety standards when operating in Co. Kildare.
MANAGEMENT'S ARGUMENTS:
4. 1. The reason for the change in work practice is due to the unknown response times to an incident because of traffic congestion.
2. The safety of the crew will not be compromised and Management is satisfied that it is meeting all its obligations in this regard.
3. A risk assessment on the work changes has been carried out.
RECOMMENDATION:
The dispute between the parties stems from the introduction of a system whereby Dublin Fire Brigade provides assistance to Kildare Fire Brigade in respect of incidents which occur in specific confined geographical areas along the Kildare/Dublin border.
Having considered the submissions of both sides in this dispute, the Court notes the co-operation given by the Fire Officers in providing the service while this matter is in dispute and is of the view that such co-operation should continue.
The Unions submitted that the core issue in dispute concerns the safety, health and welfare of the Fire-fighters in providing this service. The Court is of the view that such matters should be decided by competent authorities with expertise in this area. The Court recommends, therefore, that a body of representatives of both Management and Fire-fighters should form to review the impact of the change in work practices arising from the necessity to co-respond to incidents with Kildare Fire Service.
Furthermore, the Court recommends that the parties should request that these discussions are held under the auspices of the Health & Safety Authority or an independent person with such expertise in this area as is deemed appropriate by the Health & Safety Authority.
The Court recommends that this exercise should be completed by no later that 28th February 2014.
Signed on behalf of the Labour Court
Caroline Jenkinson
4th December, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.