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 Cryan Worker Member: Ms Tanham |
1. Removal a of payment for lifting bins in inclement weather.
BACKGROUND:
2. This dispute refers to a payment to the Caretakers in the Traveller’s Accommodation Section in Dublin City Council for lifting bins in inclement weather to a collection point at the edge of the Traveller Accommodation sites. 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 22nd June 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 12th August 2015.
UNION’S ARGUMENTS:
3. 1. The Union argues that the necessity to work in inclement weather remained, as the caretaker staff still have a role to this day in ensuring that the refuse for the halting sites is removed by the new service provider.
2. This is a long standing agreement reached in 2000.
3. This agreement is in line with an overarching agreement on the issue which was in place for the entire cleansing unit in Dublin City Council.
EMPLOYER'S ARGUMENTS:
4. 1. The duties for which the payment was introduced are no longer being performed by the Caretakers.
2. Private contractors who now provide the bin collection service go on-site to lift the bins.
3. The City Council have put forward proposals in an effort to resolve the issue.
RECOMMENDATION:
Having considered the oral and written submissions made by both parties, the Court is of the view that in all the circumstances of this case, the City Council’s proposals of 20thFebruary 2015, as outlined at Appendix 13 of its submission to the Court are fair and reasonable. The Court recommends that these proposals should be accepted by the Unions in settlement of the claim before the Court. Furthermore the Court recommends that both parties should enter further discussions without delay on the matter of the health and safety concerns identified.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
18th August, 2015.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.