LCR22834

1.Pay & On Call Rota, Transferability, Work Base, Use of Technology, Use of Trackers and Length of Agreement.

BACKGROUND:

2.This dispute could not be resolved at local level and in December 2021, on 15 July 2022, 15th. 18th and 19th September 2023 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 21 September 2023 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on October 2023.

RECOMMENDATION:

The is a claim for a general pay increase for approximately 100 PE crew workers employed by the Employer on a number of projects most notably the Gas Network Ireland Contract. The claim which was lodged on the 22^ndSeptember 2021, was part of a general pay claim which included other groups, for a 5% pay increase, an increase in the minimum call out payments from 4-6 hours, and increase of standby rates from €300 and €00 to a standard €400 , an increase in subsistence rates from €12 to the approved revenue rate, limited use only of external contractors and engagement on the company proposal to use trackers (GPS) and dashcam in company vehicles. The last pay agreement expired on the 31^stJuly 2021. The parties attended five conciliation hearings in the period December 2021 to September 2023. During that period engagements also took place under the auspices of a facilitator which resulted in a document titled ‘the Maldon Framework Agreement’ being issued to both parties on 25^thMay 2023. The proposal contained in it were accepted by the Union members following a ballot but rejected by Management. A Labour Court hearing took place on Monday 2^ndOctober 2023.

The Union submitted that the dispute is primarily about pay and productivity measures which are being sought by the company in return for modest pay increases. It was their position that in the current post covid climate, the vast majority of pay awards have not been productivity driven other than to include normal ongoing change. It is their position that the productivity measures being sought by the company are outside the norm, excessive and atypical.
The Employer in their submission stated that they are operating in an everchanging environment, while GNI is currently the main contract, the reality is that domestic gas is no longer being used in new house builds, and that has, and will continue to have an impact on the skillsets required, and the number of staff in the various categories. The Employer is trying to future proof the organisation to avoid redundancies down the road and to remain competitive. To this end the pay increase tabled by the employer are well in excess of the average pay increases in the industry.
It was agreed at the commencement of the hearing by both parties that the Court would work offthe document that contained the last offer put forward by the Employer at conciliation and that had the Unions position in respect of each point included.

The Court having read all the submissions and engaged extensively with the parties recommends the following amended Main Framework Proposal.

Main Framework
This proposal is designed to promote a harmonious industrial relationship environment. It recognises the legitimate interests of the employees and the company.This is an overarching proposal inclusive of all terms.
1. GMC will allocate work to all staff to cover a full 8 hour working day. In the event of a job running late or finishing early, due to the inability to complete the job, real time communication must be made to the Supervisor for transparency and accountability on time sheets. All staff must contact their supervisor if there is an issue/shortfall on completing daily work allocated to them. Real time communications daily between GMC and Staff will form part of this Framework.

• Employees are required to utilise GMC and/ or GNI software / handheld devices to facilitate adherence to the GMC works cancellation process and other processes linked to the job in hand. It is acknowledged that currently in excess of 80% of relevant staff are successfully utilising these tools and all relevant training that is required will be made available to complete the rollout to all relevant staff.

2. Any Employee found providing any inaccurate information or falsifying time sheets will be liable to disciplinary proceedings.

3. All Employees must be accountable for the work allocated to them and be fully utilised in their employment. This applies to all staff and in particular all Leading Hands and any employee who is the team lead in reinstatement or sole worker such as Grab Drivers, Support Drivers in all functions on the contract. (See attached addendum which was discussed and agree at local level).

4.STANDARDISATION OF START TIMES AND FINISH:

• The core working time will be between 07.00 – 18.00 hrs. this is to remove the anomalies in start and finish time with some crews. Crews that work together must start and finish work at agreed times within the core working day and any changes must be agreed and communicated to their supervisor. Where areas presently operate at standard times this can be kept and documented.

• PE Crews by the nature of their work have no fixed place of work. Where staff must, for operational reasons, go to a GMC premises in their assigned geographical area, this will be the location for them to start their working day at their normal start time. Staff may finish on site without a requirement to return to a GMC premises. The time allocated for travelling will be based on the shortest distance to the GMC yard or between the site and home. All employees are to have a base of work which is predominantly their start location. This requirement is necessary for GMC to meet the requirements of Revenue when assessing the application of subsistence.
  
  The current bases from which crews are to start from are:
  • GMC Ballycoolin Depot, Dublin,
  • GMC Red Cow Depot, Dublin,
  • GMC Drogheda Depot, Co. Louth,
  • GMC Whites Cross Depot, Cork City,
  • GMC Dock Road Depot, Limerick City,
  • GMC Bagenalstown, Co. Carlow
  • GMC Claregalway, Co. Galway
  •GMC Abbeyleix
  •GMC Arklow.
  
  Abbeyleix and Arklow will for now, remain bases from which crews may start work and store heavy equipment where necessary. The company will engage directly with employee at these bases to ensure operational effectiveness arising from geographical shifts in the work demands.
  
  The operational feasibility of all GMC locations will continue to be reviewed by management based on operational demands. Any changes to locations impacting employees will be done following consultation with the Union.
  Due to vastness of some cells, start locations will be assessed on a localised level and must be approved by the Head of PE Operations.

• All Staff will be fully utilised on the GNI Contract. The sharing of resources in relation to concreting and the collection of barriers and cones when sites are close to each other will be to fully utilise staff. Staff will co-operate to be fully utilised, and communication will be made with the Supervisor to be transparent. If there is not enough work on the GNI Contract, SIPTU recognises that its staff should be fully utilised in relation to the use of contractors where possible, and to ensure permanent employment for its members. Based on this premise the Union recognises the benefit of sharing resources to ensure the members are fully utilised in their roles.
  It is envisaged the primary areas of resource sharing are in the support functions such as, reinstatement, support drivers, JCB’s and grab drivers. This is in an attempt to make these functions more commercially viable now the volume of work has significantly reduced on the contract, and the work type has significantly changed.
  
  6 (b) Manpower planning and futureproofing the workforce.
  As part of this proposed framework, it is proposed to make a significant increase over and above the 5% increase sought for main layers and service layers. The changing nature of the work and the move away from domestic gas will see an increased requirement for main layers with a consequential reduction in the need for service layers. Service layer is a gate way grade for moving general operatives through the system and into the main grade of main layer, on completion of the required GNI / company training and service requirements. To increase the movement from service layers to main layers, the Employer commits to training the current cohort of service layers. However, commencement of the training process for each service layer will be at the company’s discretion based on geographical need, workforce planning and operational requirements on current / future work demands.
  Going forward and depending on the nature of the work available, the Employer may wish to engage with the Union in respect of the utilising of the main laying and service laying functions on other utility works when necessary, and when the resources hold the correct training and accreditation. Any changes to the existing practise in this area will only take place following negotiation and agreement with the Union.

• On call is an ongoing feature of the work since before GMC took over the GNI contract and will continue to be a requirement going forward. Adherence to the standby rota by qualified staff is required. Any staff trained must make themselves available to the standby rota. Where specific circumstances have been identified a review will be carried out to work with staff who have individual issues fulfilling the rota.
  
  In recognition of that requirement, the Employer is prepared to increase the On-Call payment to €400 per week for all qualified PE staff required to be available to do on call duties.
  
  In addition to the enhanced €400 weekly On-Call payment, a €750 voucher will be paid each November to qualified PE staff who have their name on the available on call rota for at least 1 in 3 weeks on average in the calendar year (exclusive of statutory annual leave) as a mechanism that is measurable and incentivises the requirement of completing the rota.

• Handheld technology should be utilised in real time when allocated work is completed. Technology and training will be made available to staff in helping direct them to their allocated work in a more efficient manner. This will be identified and provided by GMC.
  
  Staff will co-operate to ensure higher compliance and returns when using handheld technology. Time sheets and allocated work completed will form part of the framework to ensure flexibility and accountability.
  This is to incorporate all technology on delivery and maintenance of the contract this includes all GMC's field data management systems and GNI HHU.
  
  Reinstatement software will be implemented to help both grab and support functions to perform in a more efficient way. Training will be provided by the company.

• Formal notification within agreed timelines at any internal or external proposed location is to be attended by a Union representative. There should be regular meetings throughout the calendar year or when necessary to address issues in a constructive manner.

• Crews aligned in working days and holidays. Where a 2-man or 3-man crew, reinstatement team or grab lorry team are continually working together an agreed process to align holidays, where practical, will be implemented for the year. Where the team identifies an area that may cause disruption to work scheduling, this must be highlighted to the management in advance. This process is to be agreed in advance.

• The issue of trackers has been raised by GMC Management as an integral part of this framework proposal for time-keeping reasons. Little or no engagement has taken place in respect of this issue and or how it would operate. It would be normal practise where trackers are in operation that there would be an agreed policy between the Employer and the Union, and that policy would apply to all vehicles in the company fleet. The parties agree to engage on the drawing up of a policy.
  

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
9 October 2023	Deputy Chairman