FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LIMERICK CITY AND COUNTY COUNCIL - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION AND SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr Hall |
1. 1) Payment of National On-Call/Call Out Rates 2) Grading of Certain Water Caretaker Posts at a Lower Level Than Previously Applied 3) Non-Use by Council of Seniority In Context of Re-Organisation of Water and Sewerage Services.
BACKGROUND:
2. This case 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 21 July 2017, in accordance with Section 26(1) of the Industrial Relations Act, 1990.A Labour Court hearing took place on 15 November 2017. The following is the Recommendation of the Court:
RECOMMENDATION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes that a re-structuring arising from regulatory and other factors has arisen in the area of work of water and sewerage caretakers. The Court also notes the significant divergence between the parties as regards certain key matters of fact associated with elements of the within dispute.
The Court recommends as follows:
•That the parties should review past practice in the Council to identify the appropriate application of seniority in the context of staff assignment arising from the re-structuring. The Court notes that staff have now been assigned and recommends that consultation should take place wherever individual members raise concerns as regards their assignment. Wherever an issue arises as regards a proposal to revise the assignment of a caretaker such as to disturb the current assignment of another caretaker any competing aspirations should, all other things being equal, be resolved by the application of seniority in the manner identified as being practice in the Council.•That assignments to Grade 5 in Castletroy should, as offered by the Council at the hearing of the Court, be on the basis of a confined competition.
•That the parties should accept that any practice of working unremunerated hours by caretakers or craft workers in the Council should be agreed as unacceptable. In the light of such an understanding the parties should review the current working arrangements of caretakers and craft workers to (a) establish the working and remuneration arrangements of caretakers and craft workers, and (b) to put in place a framework which facilitates payment for all hours worked whether through basic pay, overtime or call-out as appropriate. The Court notes that engagements at national level are taking place as regards on-call arrangements and any review of arrangements in Limerick should be consistent with the outcome of those engagements.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
28 November 2017______________________
MNChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.