Labour Court Database __________________________________________________________________________________ File Number: CD88241 Case Number: LCR11774 Section / Act: S67 Parties: CARLOW URBAN DISTRICT COUNCIL - and - FEDERATED WORKERS UNION OF IRELAND |
Dispute concerning the proposed introduction of a 3 day working week.
Recommendation:
3. The Court, in arriving at its decision in this case, took
account of:
(a) the provision of the "Programme for National Recovery",
(b) Department of the Environment Circular Letter LA(P) 20/87,
(c) the Code of Practice on Security of Employment, 1985, and
(d) the financial position of Carlow Urban District Council.
It is clear in the Programme for National Recovery, that the
parties who drew up and signed that agreement, considered that
redundancies in the Public Service were to be achieved on a
voluntary basis. Circular letter 20/87, headed "Voluntary
Redundancy/Early Retirement terms for Local Authority Staff",
states that having regard to the voluntary nature of the scheme
that the Minister considers that the implementation of the
voluntary redundancy/early retirement terms in local authorities
must as a priority assist in bringing about a situation whereby
measures such as enforced lay off and short time working are no
longer necessary. The circular referred to in (c) above further
asks Managers to co-operate with the terms of the Code of Practice
which states "it is recommended that employees who have achieved
permanent status should not be subject to lay offs, short time
working or redundancy". (Clause 3.2).
The Court is of the view that the proposals from Carlow Urban
District Council to put certain employees on short time working as
outlined in the submission to the Court and which could be
construed as "constructive" redundancy through short time working,
may be in breach of the terms of the Plan for National Recovery
(Section 2 Paragraph 11) and Circular LA(P) 20/87.
In view of the above and the central negotiations taking place
nationally and notwithstanding the financial difficulties of
Carlow Urban District Council, the Court recommends concession of
the Union claim in relation to the introduction of short time
working.
Division: CHAIRMAN Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD88241 RECOMMENDATION NO. LCR11774
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
Parties: CARLOW URBAN DISTRICT COUNCIL
and
FEDERATED WORKERS UNION OF IRELAND
Subject:
1. Dispute concerning the proposed introduction of a 3 day
working week.
Background:
2. The above dispute was referred to the Labour Court for
investigation and recommendation following the failure of the
parties to reach agreement at a conciliation conference held on
29th March, 1988. The Court hearing was held on 31st March, 1988.
Recommendation:
3. The Court, in arriving at its decision in this case, took
account of:
(a) the provision of the "Programme for National Recovery",
(b) Department of the Environment Circular Letter LA(P) 20/87,
(c) the Code of Practice on Security of Employment, 1985, and
(d) the financial position of Carlow Urban District Council.
It is clear in the Programme for National Recovery, that the
parties who drew up and signed that agreement, considered that
redundancies in the Public Service were to be achieved on a
voluntary basis. Circular letter 20/87, headed "Voluntary
Redundancy/Early Retirement terms for Local Authority Staff",
states that having regard to the voluntary nature of the scheme
that the Minister considers that the implementation of the
voluntary redundancy/early retirement terms in local authorities
must as a priority assist in bringing about a situation whereby
measures such as enforced lay off and short time working are no
longer necessary. The circular referred to in (c) above further
asks Managers to co-operate with the terms of the Code of Practice
which states "it is recommended that employees who have achieved
permanent status should not be subject to lay offs, short time
working or redundancy". (Clause 3.2).
The Court is of the view that the proposals from Carlow Urban
District Council to put certain employees on short time working as
outlined in the submission to the Court and which could be
construed as "constructive" redundancy through short time working,
may be in breach of the terms of the Plan for National Recovery
(Section 2 Paragraph 11) and Circular LA(P) 20/87.
In view of the above and the central negotiations taking place
nationally and notwithstanding the financial difficulties of
Carlow Urban District Council, the Court recommends concession of
the Union claim in relation to the introduction of short time
working.
~
Signed on behalf of the Labour Court
31st March, 1988 John M Horgan
MD/PG Chairman