Labour Court Database __________________________________________________________________________________ File Number: CD89484 Case Number: LCR12514 Section / Act: S67 Parties: DUBLIN CORPORATION - and - IRISH MUNICIPAL EMPLOYEES' TRADE UNION;FEDERATED WORKERS' UNION OF IRELAND;IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Annual leave arrangements for sixteen workers.
Recommendation:
5. Having considered the submissions made by the parties whilst
noting the Corporation's concern at the possible cost of
consequential claims, which the Court would consider to be
unsustainable, the Court also notes the assurances given by the
Unions that concession of the claim to the 16 workers directly
concerned would not give rise to such claims, and in these
circumstances recommends that the Unions' claim be conceded.
Division: Mr O'Connell Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD89484 RECOMMENDATION NO. LCR12514
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: DUBLIN CORPORATION
and
IRISH MUNICIPAL EMPLOYEES' TRADE UNION
FEDERATED WORKERS' UNION OF IRELAND
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Annual leave arrangements for sixteen workers.
BACKGROUND:
2. The dispute concerns annual leave arrangements for sixteen
general operatives who transferred from the Housing Development
Section where they were no longer required to the Cleansing
Section in April, 1986. In the Housing Development Section (as in
all other sections except cleansing) the workers avail of their
annual leave in the leave year in which the entitlement is
accrued (1st April-31st March). In the Cleansing Department
workers work up a credit of annual leave which is normally taken
in the six month period following the year in which it is accrued
i.e. April to September. Following their transfer to the
Cleansing Department the Corporation indicated to the sixteen
workers that they would be required to take their leave on the
same basis as other Cleansing Department workers (approximately
750). Where that requirement would involve a worker not being
assigned annual leave for a period of twelve months, a three year
transitional period has existed for workeres transferring into the
Cleansing Department. The Corporation proposed extending this
transitional period to five years in this case, later amended to
six years. Details of the Corporation's proposal are set out in
Appendix A. The Unions proposed isolating the period 1st April to
30th September on a once off basis, in respect of the sixteen
employees, and allowing them the leave entitlement accrued during
this period within the period itself. This would result in a
"clear deck" on 1st October. The usual Cleansing Section holiday
arrangements would then apply.
The Corporation rejected this proposal. The matter was referred
to the conciliation service of the Labour Court on 24th June,
1988. No agreement was reached at a conciliation conferences held
on 15th July, 1988 and 22nd May, 1989. The matter was referred to
a full hearing of the Labour Court on 3rd July, 1989 and the Court
hearing took place on 1st August, 1989.
UNIONS' ARGUMENTS:
3. 1. Management's proposals would deny these workers, many of
whom have considerable service, the benefit of the leave
arrangements which accompanied their original contracts of
employment and which they enjoyed up until their transfer to
the Cleansing Section. The same arrangements apply throughout
the Corporation, other than in the Cleansing Section, and in
good employments generally.
2. The Corporation has stated that different leave
arrangements for these workers would give rise to
administrative difficulties. The Unions' proposal would
eliminate any such difficulties. The only difference between
these workers and the other Cleansing Section workers would be
that these workers would not be owed leave on termination of
their employment.
3. Management contends that the workers concerned enjoy
superior rates of pay and allowances in the Cleansing
Department and that they should accept the unfavourable
holiday situation also. This is not appropriate. The
superior rates and allowances arise as a consequence of
working in the Cleansing Department and the nature of the
service provided. One is entitled to those agreed rates if
one is performing the duties in respect of which they apply.
Holidays are accrued entitlements which apply from the date of
commencement with the employer. There is no case for treating
long service employees as though they had only entered the
employment on 1st April, 1986.
4. Management has also expressed concern that concession of
the compromise sought by the Unions would result in
consequential claims by the remainder of Cleansing employees.
This is groundless, as the remaining personnel have not
enjoyed an agreed and established arrangement, based on the
statutory leave year, extending back to when they commenced
employment. The Corporation refuses to accept the Unions'
assurances on this question.
MANAGEMENT'S ARGUMENTS:
4. 1. General operatives are employed by the Corporation on the
basis that they can be deployed to any section from time to
time as required by the Corporation. General operatives are
subject to all the work requirements of the section in which
they are deployed, including the annual leave requirements,
for as long as they are assigned to the particular section.
2. The Corporation is prepared to facilitate any of the
sixteen general operatives the subject of this claim who wish
to transfer out of the Cleansing Section into a section which
operates its annual leave schedule on the basis of the current
year in the event that vacancies arise in such sections.
3. The annual leave arrangements in the Cleansing Section
have applied for the past thirty years and have applied to all
employees who either volunteered to transfer to the Cleansing
Section or who were required to be redeployed into the
section.
4. It would be wasteful of resources that the Cleansing
Section would have to set up different administrative
arrangements in respect of the annual leave of sixteen of its
employees.
5. Concession of the claim would lead to repercussive effects
from the other 739 employees. The Corporation could not
sustain the loss of a substantial number of additional working
days nor, in its present financial circumstances, could the
Corporation afford to employ holiday substitutes for the
period involved.
6. The proposal submitted by the three Trade Unions to grant
an additional 9.50 days in a particular year is not acceptable.
That proposal would result in excess leave over and above the
annual leave entitlement being granted in a particular year
and a balance of excess leave at the end of each year.
7. The Corporation is satisfied that its proposal in respect
of the sixteen workers is fair and reasonable.
RECOMMENDATION:
5. Having considered the submissions made by the parties whilst
noting the Corporation's concern at the possible cost of
consequential claims, which the Court would consider to be
unsustainable, the Court also notes the assurances given by the
Unions that concession of the claim to the 16 workers directly
concerned would not give rise to such claims, and in these
circumstances recommends that the Unions' claim be conceded.
~
Signed on behalf of the Labour Court
John O'Connell
________________________
22nd August, 1989. Deputy Chairman
A.K./J.C.
APPENDIX A
Corporation's Proposals
No. of days Period in which Total No. of
leave leave to be days to be
Period taken taken in year
1986/87 19 (A) 19 between 1/4/86 - 31/3/87 19(A)
1987/88 19 (B) 15 between 1/4/87 - 31/3/88 15(B)
(C) 4 between 1/4/88 - 30/9/88
1988/89 19 (D) 11 between 1/4/88 - 31/3/89 15 (C. & D.)
(E) 8 between 1/4/89 - 30/9/89
1989/90 19 (F) 8 between 1/4/89 - 31/3/90 16 (E. & F.)
(G) 11 between 1/4/90 - 30/9/90
1990/91 19 (H) 5 between 1/4/90 - 31/3/91 16 (G. & H.)
(I) 14 between 1/4/91 - 30/9/91
1991/92 19 (K) 2 between 1/4/91 - 31/3/92 16 (I. & K.)
(L) 17 between 1/4/92 - 30/9/92
1992/93 19 (M) 19 between 1/10/92 - 30/9/93 17 (L.)
1993/94 19 (O) 19 between 1/10/93 - 30/9/94 19 (M)
and each 19 (P) 19 between 1/10/ - 30/9 (O)
subsequent in the following year
year