LCR22613

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

CORK CITY COUNCIL

- AND -

150 FIRE FIGHTERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1.Restoration Of The Fourth Pump In Ballincollig To Be Covered By Overtime On An Interim Basis

BACKGROUND:

2.This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 27 May 2022 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 1 June 2022.

UNION’S ARGUMENTS:

3. 1.The Union seeks that that the unilateral suspension of Ballincollig’s fourth pump is lifted and that staffing levels are maintained on an interim basis, utilising the existing establishment levels and with no diminution of existing resources.

2. The Union contends that reduced manning levels jeopardise the safety of fire service personnel and the public and it cannot agree to such reductions.

EMPLOYER'S ARGUMENTS:

4. 1. The Council rejects the union’s claim on the basis that call outs from Ballincollig Station have reduced and there is sufficient operational capacity to assign existing full-time staff from Anglesea Street to operate the fourth pump in Ballincollig, as and when required.

2. The Council maintains that a recruitment campaign to replenish retained numbers in Ballincollig is ongoing.

RECOMMENDATION:

The matter before the Court concerns interim arrangements to address staffing shortages pending the filling of vacancies for retained fire fighters in Ballincollig Fire Station.

Ballincollig Fire Station operates as a retained fire service with part-time (retained) firefighters. In 2019 Ballincollig Fire Station was incorporated into Cork City Fire Service following a revision of the city boundaries. In September 2021, a number of retained firefighters based in Ballincollig were appointed into full time roles and the Council was left with insufficient retained staff to maintain Ballincollig’s fourth pump in operation. For a period to November 2021, Ballincollig Station was staffed by full-time firefighters from Angelsea Street Headquarters on an overtime basis. Since then cover has been provided by crews from Anglesea Street. A recruitment campaign to replace the retained firefighters is ongoing.

SIPTU submits that management have unilaterally withdrawn Ballincollig’s fourth pump from service. It seeks that the unilateral suspension of Ballincollig’s fourth pump is lifted and that staffing levels are maintained on an overtime basis pending the return of Ballincollig to established levels. While SIPTU supports the recruitment process, which it understands is at an advanced stage, it cannot materially affect the duration of that process. Meanwhile, it contends that reduced manning levels jeopardise the safety of fire service personnel and the public and it cannot agree to such reductions.

Management rejects the union’s claim on the basis that call outs from Ballincollig Station have reduced and there is sufficient operational capacity to assign existing full-time staff from Anglesea Street to operate the fourth pump in Ballincollig, as and when required. There is no justification for full-time cover and maintaining such cover on an overtime basis would place an inordinate cost burden on the Council. The arrangement in place for a short period until November 2021 was a local one that was not sanctioned by senior management. A recruitment campaign to replenish retained numbers in Ballincollig is ongoing.

The Court heard extensive submissions from both parties.

The Court notes that the arrangement in place between September and November 2021 provided cover on an overtime basis. That arrangement was not put in writing and no documentation was produced to the Court to suggest that the arrangement was a formalised agreement between the parties. The Court requested clarification from the Council on the level of overtime undertaken to maintain Ballincollig’s fourth pump in operation during this period. The Council provided the Court with data demonstrating that almost 100% of hours were covered by full-time crew on an overtime basis.

It is accepted that Ballincollig Fire Station operates as a retained fire service with part-time firefighters.

It is clear that the resolution to the dispute lies in the appointment of retained firefighters to Ballincollig in order to allow the fourth Pump to be operated at established levels.

The vacancies at the centre of this dispute have remained unfilled since September 2021. While the Court heard about current challenges filling retained fire fighter roles, it is concerned to hear the recruitment process is still ongoing some nine months after the vacancies arose. Once appointments are made, the training of new firefighters will take further time. For its part, the union is not in a position to influence the duration of the recruitment and appointment process.

In these circumstances, the Court recommends that the recruitment process to fill the remaining vacancies for retained fire fighters in Ballincollig Fire Station be expedited by the Council as a matter of urgency.

Taking account of all of the factors of this case, the Court cannot recommend in favour of the Union’s claim.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.