FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK CITY AND COUNTY COUNCIL (REPRESNTED BY THE LOCAL GOVERNMENT MANAGEMENT AGENCY) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Water Conservation Allowance
BACKGROUND:
2. This dispute was referred to the Labour Court on the 30th June 2017, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th October 2017.
UNION'S ARGUMENTS:
The Unions stated that they believe an agreement was reached with Limerick City and County Council in 2016 that the following would take effect:
- All Labour in the County Area, as a distinct operational area, would consist of directly employed staff.
- The normal re-active finding and fixing of leakages etc., would continue including the out of hours services.
- The Water Conservation Premium of 20% was to apply to both Find and Fix Crews.
EMPLOYER'S ARGUMENTS:
- Management refuted the Unions assertion that agreement was reached on the 21st of November, such that a fix crew to be appointed would receive the 20% allowance.
- Fix crew have never been afforded the allowance .
- The allowance is related to liability for unsocial hours worked, fix crews have no such liability.
RECOMMENDATION:
The Court has considered carefully the written and oral submissions of the parties.
The Court notes that a key feature of this matter is the perspective of the parties as regards the outcome of a direct meeting held on 21stNovember 2016. The Court notes that there is no clear agreement between the parties as regards that outcome. The Court is not therefore able to rely on any verifiable account of that meeting or its outcome to achieve clarity on the matter at issue before the Court.
The Court notes what it understands are agreed WSTO principles underpinning the roll-out of six pilot ‘Find and Fix’ initiatives in six local authorities. Those principles include the utilisation of the existing Local Authority model and associated rates of pay in the roll-out of the pilots.
The Court notes that existing arrangements in Limerick City and County Council provide for payment of a 20% allowance to Find staff who are exposed to the possibility of unsocial hours working. No such allowance is paid in the Council to Fix staff who are not exposed to unsocial hours working.
The Court, in all the circumstances, does not recommend the introduction of a 20% allowance for Fix staff taking up positions in the ‘Find and Fix’ initiative. In making this Recommendation the Court notes that the assignment of staff to the initiative is based on voluntarily made expressions of interest.
The Court however recommends that the Council should ensure that the new ‘fix’ crew are provided with similar opportunities to undertake overtime as the existing ‘fix’ crew.
The Court so recommends
Signed on behalf of the Labour Court
Kevin Foley
JD______________________
24 November 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.