FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY COUNTY COUNCIL (REPRESENTED BY LGMA) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. (1) Union / Management Agreement (Provision Of Cover/Manning) And Change To City Boundary (2) Training Time (3) Sub-Officer Issue
BACKGROUND:
2. This dispute concerns the introduction of various changes affecting retained firefighters. This 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 10th December, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 17th December, 2013.
UNION'S ARGUMENTS:
3 1 The Workers have serious concerns about the proposed changes.
2 The proposed changes will create considerable health and safety difficulties for the Workers.
3 The proposed staffing levels are insufficient.
EMPLOYER'S ARGUMENTS:
4 1 Discussions around the introduction of change have taken place over several years.
2 The Workers are refusing to embrace the type of change envisaged by the Public Service and Haddington Road Agreements.
3. The proposed changes operate successfully elsewhere in the country.
RECOMMENDATION:
Having considered the submissions of both parties to this dispute the Court recommends as follows: -
Cover for Annual/Training and Sick Leave
The Court notes that the parties concluded an agreement in 2011 that provides for a system of self-managed leave cover within the retained fire service. It is clear that the Union side has difficulties with this agreement at this time and is seeking to restructure it to make it more time and family friendly. The management side requires a system of cover that is reliable and certain.
In thatcontext the Court recommends that both sides engage over a 3 month period to develop a new leave cover agreement. In the event that the parties cannot reach agreement within 3 months they should refer the outstanding issues back to the Court for a definitive recommendation.
Training Drills
The Court notes that the Union side is committed to undertaking a minimum of 80 hours drill training per annum. The Court notes that the sides however, have not engaged on an appropriate structure for the conduct of the training involved. In that context the Court recommends that the parties engage to agree a suitable training structure with a view to reaching agreement within a period of 8 weeks from the date of this recommendation. Outstanding issues after that time should be referred back to the court for a definitive recommendation.
Extension of Boundaries
The Court recommends that the union accept the revised boundaries introduced by the Council. The Court further recommends that the Council, with the involvement of the Union, conduct a risk assessment of the changes it has implemented and in particular their implications for the safety and health of the retained fire officers affected. The Court further recommends that the parties meet to agree figures regarding the effect of the change on the earnings of the fire fighters affected with a view to agreeing suitable compensation within the context of the parameters of the Public Service Agreement.
Driver Mechanic Posts
The Court notes that management proposes to suppress two Driver Mechanic positions and replace them with two Sub Officer positions. The Court also notes that the manner in which Management proposes to suppress the posts may have national implications for the positions involved. In that context the Court recommends that the matter be addressed at national level with a view to reaching agreement on the issues in dispute. In the interim the court recommends that the positions continue to be filled on an acting basis as at present.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
14th January, 2014______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.