FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DONEGAL COUNTY COUNCIL REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Operation of winter maintenance programme.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 13 December 2018 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 4 April 2019.
UNION’S ARGUMENTS:
3. 1. The Union submit that the core plant operator is utilised as per their job description.
2. Everyone involved in winter maintenance is fully aware of their responsibilities and the time of day when the call is made makes no difference.
EMPLOYER'S ARGUMENTS:
4. 1. The Council has engaged with SIPTU and the Plant Operators group for a number of years on the issue of who undertakes salting runs that commence during normal working hours.
2. The Council organise winter maintenance operations to achieve the best balance for its employees and for the public.
RECOMMENDATION:
The matter before the Court concerns the operation of the Winter Maintenance Programme and its Plant Operators. There are 46 workers in the outdoor/roads section, of which 21 are involved in driving plant machinery for salting/gritting of the road network in County Donegal during bad weather. This work is normally carried out between October and April at times outside normal working hours, including weekends and public holidays.
Currently the emergency salting/gritting of roads work is carried out by the 21 workers within the outdoor/roads who have the necessary licence and have carried out the work to date. They cover all call outs and are paid overtime when called-out, outside their designated rostered hours. The current roster operates from starting time to 12 noon and from 12 noon (i.e. the AM/PM roster). There was a dispute between the parties as to when this roster was implemented, however, the Court notes that it is operated under protest.
The dispute relates to the issue of who should operate the plant during emergency salting/gritting of roads and who has “ownership” of that work.
The Union contended that the AM/PM driver allocation is unworkable. While accepting that there is no specific role of plant operator, the Union submitted that the 21 workers currently operating such machinery are ring fenced as they have been filling the role for many years. It expressed concern that, where a salting run is scheduled to commence during normal working hours, a Plant Operator may be required to step off a Council Lorry to allow it to be used by a rostered non-plant Operator to undertake a salting run. To avoid this the Union have proposed that any salting run that commences during normal working hours should be done by the Plant Operator.
The Union propose that the roster should run from the finishing time of the normal day, i.e. 4.35pm Monday to Thursdays and 3.35 on Fridays. Thereby meaning that the AM driver will take over the salting work at times before the 4.35pm/3.35pm finishing times and the PM driver will take over if called out after the normal finishing times. It contended that it makes sense for the core Plant Operator to carry out this role.
Having given careful consideration to the positions of both sides, the Court is of the opinion that the current system of operating the Winter Maintenance Programme is the most appropriate and therefore does not recommend that it should be altered. Therefore, the Court finds in favour of management’s position in respect of the Winter Maintenance Programme.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
15 April 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.