Labour Court Database __________________________________________________________________________________ File Number: CD89282 Case Number: LCR12489 Section / Act: S67 Parties: MEATH COUNTY COUNCIL - and - FEDERATED WORKERS' UNION OF IRELAND |
Claim by the Union on behalf of part-time firemen for payment for attendance at annual medical examinations and payment of travelling expenses incurred when attending the examinations.
Recommendation:
5. In the event of part-time firemen incurring expense, in terms
of time and/or travelling, in carrying out the requirements of
their employer for regular medical checks, the Court recommends
that they should be reimbursed accordingly at the appropriate
travelling and drill rate.
Division: Ms Owens Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89282 RECOMMENDATION NO. LCR12489
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MEATH COUNTY COUNCIL
AND
FEDERATED WORKERS' UNION OF IRELAND
SUBJECT:
1. Claim by the Union on behalf of part-time firemen for payment
for attendance at annual medical examinations and payment of
travelling expenses incurred when attending the examinations.
BACKGROUND:
2. The Department of the Environment has introduced a scheme
whereby part-time firemen have to be examined medically on an
annual basis. The Council and Union agreed in 1987, that the
format should be that applied to all other Council employees, with
the addition of a chest X-ray. The firemen can be examined by
designated doctors based in Kells, Navan or Trim but must travel
to Navan for the X-ray. The Council pays the doctors fee and the
cost of the X-ray but does not reimburse travel expenses or pay
for the time involved. The Union contends that as the firemen are
located throughout the County, attendance at the medicals requires
round trips of up to 28 miles for some firemen and X-rays require
round trips of up to 40 miles. The Union has claimed drill rate
for attendance at the medicals and X-rays plus travelling
expenses. The claim is rejected by the Council. On 24th
February, 1989, the issue was referred to the conciliation service
of the Labour Court. No agreement was reached at a conciliation
conference held on 20th April, 1989, and the matter was referred
on 26th April, 1989, to the Labour Court for investigation and
recommendation. The Court investigated the dispute on 27th June,
1989, in Navan.
UNION'S ARGUMENTS:
3. 1. The Council is discriminating against part-time workers.
No full-time worker would be expected to attend a medical at
their own expense, nor would they be expected to be out of
pocket as a result of travelling expenses incurred.
2. In one case in 1988, a fireman had to take a day off work
at his own expense to travel a return journey of 40 miles,
from Oldcastle to Navan, to attend an X-ray. With the delays
in Navan hospital he did not return home till late in the
afternoon.
3. If properly planned, the medical examinations could be
held in the fire stations on a practice night, thereby
ensuring that the firemen were paid at drill rate and no
travelling expenses would occur. In relation to X-rays, these
could be block booked in Navan and transport arranged by the
Council. This way the firemen would only have to be paid for
the hours they were away from base. The Union believes that
this is a sensible approach to the problem and it should be
operated by the Council.
COUNCIL'S ARGUMENTS:
4. 1. The Union advised the firemen not to attend for medicals
and X-rays without any discussions having first taken place
with the Council on the issue of expenses. The Council does
not think that this unilateral action is in the interests of
good industrial relations.
2. The terms of a National Agreement in 1973, established
national rates of remuneration and conditions for part-time
firemen. The Union is now seeking to improve on these
national conditions on an ad hoc basis by submitting a claim
locally. This should be done through the national negotiating
machinery.
3. There are a number of areas where pay and conditions in
the Council are better than those nationally agreed. This is
because when the national pay and conditions were agreed in
1973, certain more favourable arrangements in the Council were
allowed to stand, (details provided to the Court). These
additional arrangements cost the Council an estimated #5,000
above that payable if the national rates of pay and conditions
were strictly adhered to. If discussions were to take place
with the Union on any further concessions, the Council would
have to advert to the existing concessions and would have to
seek to have the nationally agreed pay and conditions applied.