FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CARLOW COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Recommendation of a Rights Commissioner's Decision r-136712-13/JT.
BACKGROUND:
2. The Claimant commenced employment with the Council as a General Operative in 2007 and is currently employed at Carlow County Council's Powerstown Landfill & Recycling Centre. The Union claims that he is not being paid at the correct rate for the duties he must carry out while Management claim that he is paid at the appropriate rate for the job.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 21st January, 2014, the Rights Commissioner issued his Recommendation as follows:-
"Refuse collections have now ceased and will not be operated by the County Councils again. The Wexford employees properly retained the scale on a historical basis. The Claimant never held the 'dirt allowance' as the circumstances of the Wexford employees did not pertain in Carlow.
I do not recommend concession of this claim for the above reasons"
On the 6th February, 2014 the Union appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969.
A Labour Court hearing took place on the 2nd April, 2014.
UNION'S ARGUMENTS:
3. 1. The Worker carries out 'dirty duties' while working in Carlow County Council's Powerstown Landfill & Recycling Centre site yet is only remunerated at General Operative level.
2. These duties are additional to General Operative duties and this should be reflected in his rate of pay being upgraded to that of Refuse Collector.
EMPLOYER'S ARGUMENTS:
4. 1. Only the staff who historically held the Refuse Collector rate are currently paid at that rate while no recruitment in any Local Authority to that grade of Refuse Collector has taken place in the last decade.
2. The Worker is being remunerated at the appropriate rate and concession of the claim would have repercussions for the entire sector.
DECISION:
This is an appeal by the Union on behalf of a Worker against a Rights Commissioner’s Recommendation which found against his claim for payment of a Refuse Collector’s rate of pay.
The Union submitted that the Appellant, who works on the Landfill site, was entitled to be paid the Refuse Collector’s Rate of pay and sought retrospection for eight years. It submitted that the duties carried out by the Appellant warranted the claimed rate particularly when account is taken of the additional duties required of the Appellant whereby he is engaged in litter/refuse collection on Mondays.
Management rejected the claim stating that since the cessation of refuse collection by the County Council in 1989 the Refuse Collector’s rate of pay is no longer applicable, however, this rate is paid on a ‘personal-to-holder basis’ to those who had been employed as Refuse Collector’s pre-1989 and who have since been redeployed within the County Council.
Having considered the submissions of both parties the Court is of the view that there is no basis for the application of the Refuse Collector’s rate of pay in the circumstances outlined to the Court and accordingly concurs with the Rights Commissioner and rejects the Union’s appeal.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th April, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.