Labour Court Database __________________________________________________________________________________ File Number: CD87795 Case Number: LCR11561 Section / Act: S67 Parties: CENTRAL BANK OF IRELAND - and - ASTMS |
Application of disturbance compensation for workers transferred to Sandyford.
Recommendation:
6. The Court having considered the submissions from both parties
does not recommend concession of the Union claim that Disturbance
Compensation be increased, and extended to those not presently
covered by the agreement. The Court recommends that payment of
disturbance money cease as from the 31/12/87.
In the particular circumstances relating to annual leave the Court
recommends that the present position of granting an extra 3 days
annual leave to pre 1977 staff whilst working in Sandyford be
extended to post 1977 entrants as and from the next annual leave
year.
Division: Ms Owens Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD87795 RECOMMENDATION NO. LCR11561
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: THE CENTRAL BANK OF IRELAND
and
ASSOCIATION OF SCIENTIFIC, TECHNICAL AND MANAGERIAL STAFFS
SUBJECT:
1. Application of disturbance compensation for workers
transferred to Sandyford.
BACKGROUND:
2. Prior to 1977, all workers were based in the city centre area.
A decision was then made to move operations to Dame Street and to
establish a currency centre in Sandyford, with effect from 1978.
Prior to the transfers negotiations took place and an agreement on
disturbance compensation was reached in 1977 based on L.C.R. No.
4379 of 29th July, 1977. The agreement (see Appendix A) provided
for the payment of a lump sum to workers transferring to Sandyford
(Clause I) and the provision of three extra days annual leave
while based in Sandyford (Clause 3). The agreement also provided
for the future transfer of existing staff (Clause 2).
3. In November, 1981 the Union wrote to the Bank requesting a
meeting on Clause 2 of the agreement and local level meetings and
a conciliation conference took place in 1982. On 15th November,
1985 a local level meeting took place at which the Bank stated
that it wished to discontinue the payment of disturbance
compensation. The Union wrote to the Bank on 14th February, 1986
stating that it would be seeking to have the present arrangements
for workers transferred to Sandyford extended to all clerical and
administrative workers. At present there are 389 clerical and
administrative workers employed in the Bank, of whom 146 were
recruited prior to 1977. There are 37 clerical and administrative
workers employed in the currency centre, of whom 22 were recruited
prior to 1977.
4. The dispute was first referred to the conciliation service of
the Labour Court on 21st February, 1986 but later withdrawn as
local discussions were continuing. The matter was referred back
to conciliation on 25th June, 1987 and conciliation conferences
were held on 25th August, 1987 and 7th October, 1987. The Bank's
position was that workers transferred to Sandyford should not now
be compensated, particularly workers recruited after 1977. The
Union's position was that the terms of the 1977 agreement should
be retained and increased and extended to all workers including
those recruited after 1977. As no agreement could be reached the
matter was referred on 27th October, 1987 to the Labour Court for
investigation and recommendation. The Court investigated the
dispute on 17th November, 1987.
UNION'S ARGUMENTS:
5. 1. The monetary aspect of the 1977 agreement was due to be
reviewed after a four year period. No formal review has
taken place. The Union envisaged this review as a means of
increasing the lump sum if progress was not made on other
commitments and if conditions deteriorated in Sandyford.
2. Out of a total of 368 clerical and administrative
workers, there are only 36 (10%) such posts in Sandyford, the
latter workers are therefore alienated from 90% of their
peers. Sandyford can be difficult to travel to and access to
amenities in Sandyford is much more limited than in Dame
Street.
3. Conditions for the workers in Sandyford are the same if
not worse than in 1977 and the working conditions and general
environment are significantly more restrictive in Sandyford
than in Dame Street. The 1977 agreement provided for the
introduction of a flexible working hours system however, the
Bank has refused to introduce this although it is in
operation in Dame Street. Conditions of employment which the
Union has negotiated for the clerical and administrative
workers have not been applied to those in Sandyford, e.g. job
appraisal.
4. Although it was intended that the degree of compensation
was due to be reviewed after four years the fact that the
conditions of the workers have adversely changed the only
outcome of such a review would be to increase and extend the
level of compensation. The Union contends that not only
should all the elements of the original agreed compensation
be retained, but that such arrangements should be applied to
all workers, and not only those recruited prior to 1st
December, 1977.
BANK'S ARGUMENTS:
6. 1. It has never been the Bank's intention that payment of
disturbance compensation should continue indefinitely. The
1977 agreement provided that after four years the Bank could
consider the question of continuing compensation for existing
staff. No commitment was given by the Bank to continue the
practice of compensation. Following the conciliation
conference held in January, 1982 the Bank's proposals for
phasing out disturbance compensation were sent to the Union
(details supplied to the Court).
2. The terms and conditions of workers recruited after 1977
stated that they are transferable between locations (details
supplied to the Court). The Bank therefore has full
discretion to assign workers to either Dame Street or
Sandyford.
6 3. Non-clerical workers do not receive disturbance payments
if transferred to Sandyford and in the recent past, the
majority of those who have received disturbance compensation
have done so on promotion and transfer to Sandyford. It is
ridiculous that those promoted and as a result receiving
sizeable increases also receive large lump sum payments for
transferring.
4. Disturbance compensation is now outdated and
inappropriate in the current economic climate, particularly
for such a group of workers with generous conditions of
employment. In October, 1983 the then Minister for the
Public Service stated that such payment could not be
justified for civil servants and that this should also apply
to public sector workers. Recent Labour Court
recommendations have also continued the trend away from
disturbance compensation (L.C.R. Nos. 11005 and 11241 refer).
5. Compensation arrangements made in 1977 have continued for
a much longer period than envisaged at the time of the
agreement. The Bank's intention to discontinue was clearly
stated years ago. The Union's claim to extend the agreement
to all clerical and administrative workers should be rejected
and the Bank's claim that disturbance compensation should
discontinue should be conceded.
RECOMMENDATION:
6. The Court having considered the submissions from both parties
does not recommend concession of the Union claim that Disturbance
Compensation be increased, and extended to those not presently
covered by the agreement. The Court recommends that payment of
disturbance money cease as from the 31/12/87.
In the particular circumstances relating to annual leave the Court
recommends that the present position of granting an extra 3 days
annual leave to pre 1977 staff whilst working in Sandyford be
extended to post 1977 entrants as and from the next annual leave
year.
~
Signed on behalf of the Labour Court
Evelyn Owens
_______________________
3rd December, 1987
U.M./J.C. Deputy Chairman.
APPENDIX A
1977 AGREEMENT ON TRANSFERS TO SANDYFORD
1. Lump Sum
Payment of lump sums as recommended by the Labour Court i.e.
DISTURBED STAFF: #500 for those recruited after June, 1973;
#700 for those recruited prior to June,
1973.
LESS
DISTURBED STAFF: #225 for those recruited after June, 1973;
#275 for those recruited prior to June,
1973.
Fifty pounds payable to each staff member involved in the
transfer on acceptance of these proposals. In addition, up
to #125 of the lump sum may be used for the purchase of
luncheon vouchers at a reduced price of 40p each. These
vouchers will cover four-course lunches. The balance of the
lump sum will be paid on arrival at Sandyford or at a future
date as requested by the staff members.
2. Future transfer of existing staff
(i.e. staff employed at the date of the transfer).
The above compensation will be paid in full to existing staff
transferred to Sandyford during the four years following the
transfer. The question of compensation for existing staff
transferred after the four-year period elapses will be
considered during the fourth year.
In addition, the lump sum will be increased regularly in line
with the percentage increases applicable under the National
Wage Agreements to the max. of the Clerical Officer grade.
The Bank's mobility programme will be unaffected by this
settlement.
3. Annual Leave
Three extra days' annual leave per annum to existing staff
transferred to Sandyford now and in the future, for the full
period of their transfer. This special entitlement will
cease on transfer out of Sandyford.
4. Productivity Agreement
The establishment of a special Working Party to examine
possible areas of productivity, flexibility and increased
efficiency in the Bank, with a view to reaching a mutually
satisfactory productivity agreement within the terms of the
National Wage Agreement.
5. Flexible Working Hours
Immediate discussions to take place with the Management of
the Currency Department regarding the introduction of some
form of flexible working hours or staggered hours in the
Currency Department for staff being transferred. In
addition, the Bank agrees that the joint staff/management
Working Party examine and make recommendations regarding the
operation of a Flexitime system in the Bank generally.
6. Other Claims
With regard to the union's claim for additional compensation
for staff with thirty years' service or more, the Bank is not
prepared to concede this claim or go outside the
recommendation of the Labour Court.
The Bank is prepared to give sympathetic consideration,
within the normal regulations of the House Loan Scheme, to
members of the staff who may be obliged to move house as a
result of the move.
The Bank also confirms that the terms of this settlement will
apply in respect of the two members of I.U.D.W.C. presently
assigned to Sandyford and to the late Mr. C. McMahon.