FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Murphy Worker Member: Mr Nash |
1. 24-hr shift for Fire Officers.
BACKGROUND:
2. Limerick City Council operates a full-time fire service. All fire-fighters work an average of 42 hours per week over a four-week cycle. Currently four station officers and one sub-station officer work a 24-hour shift. The remaining officers and fire fighters work a 9/15 shift system.
By agreement dated 05/03/1985 with the Union, Limerick City Council established the 9/15 shift as the roster for future recruitment and promotion in the Fire Brigade.
The dispute before the Court concerns a claim by the Union on behalf of 5 Fire Officers employed by Limerick City Council to remain on a 24-hour shift.
The dispute was the subject of several conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 14th November, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st February, 2007.
UNION'S ARGUMENTS:
3. 1.The Union maintains that the argument by Limerick City Council to transfer the junior officers concerned to the 9/15 shift system, based on the 1985 agreement, is flawed.
2.The City Council has consistently changed the hours of work in their contracts of employment for the purpose of recruitment and promotions. Such changes are in breach of the 1985 Agreement.
3. Custom and practice in relation to officer cover does not apply due to the nature of the shift roster.
MANAGEMENT'S ARGUMENTS:
4. 1. The 9/15 shift system is the agreed and established roster for Limerick Fire Service.
2 Management maintains that there are benefits to the health and safety of employees working the shorter shift.
3. The 9/15 shift system is consistent with other full-time fire services in Ireland.
RECOMMENDATION:
The Court has considered the extensive submissions made by the parties, orally and in writing.
The Court recommends that it now be accepted by all parties that the 9/15 hour roster will be the established roster into the future for the Fire Service in Limerick City Council.
There is, however, a need to resolve the previously stated seven issues of concern raised by the Union in 2003 on behalf of its members whose position was outlined to the Court at the hearing.
The Court, therefore, also recommends that before any final move of affected personnel to the 9/15 hour roster, a period of intensive discussion should take place between the parties, locally in the first instance and, if necessary, with the assistance of the Conciliation Service of the Labour Relations Commission, to be concluded no later than 3 months from the date of this recommendation.
Any issues remaining between the parties following this process may, at that point, be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
Raymond McGee
7th March, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.