Labour Court Database __________________________________________________________________________________ File Number: CD89332 Case Number: LCR12458 Section / Act: S67 Parties: KILDARE VOCATIONAL EDUCATION COMMITTEE - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim for compensation and restoration of cleaning hours to three workers.
Recommendation:
5. Having considered the submissions made by both parties, the
Court is of the opinion that the V.E.C.'s solution to the problem
of cleaning its schools by cutting the hours of certain staff to
pay for others out of the resultant saving is not what might
reasonably be understood to be redeployment. The facts of the
situation are that the cleaning of an additional school by means
of redeployment of the cleaning staff in the manner in which this
is generally understood would have incurred even further expense.
The Court therefore recommends that the V.E.C. restore the hours
cut from the working week of the cleaners concerned and that the
Department of Education which has the eventual responsibility
acknowledge that the V.E.C. now has an extra school in its charge
which requires cleaning services and arrange to allow its budget
be amended to provide this service.
Division: Mr O'Connell Mr Collins Mr O'Murchu
Text of Document__________________________________________________________________
CD89332 RECOMMENDATION NO. LCR12458
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: KILDARE VOCATIONAL EDUCATION COMMITTEE
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim for compensation and restoration of cleaning hours to
three workers.
BACKGROUND:
2. The three workers concerned are employed as part time school
cleaners by Kildare V.E.C. They originally worked ten hours per
week, from 4.30 p.m. to 6.30 p.m. on five days. In May, 1988 they
were advised by the Principal of the school that their hours were
being reduced to seven and a half per week. This meant a loss of
#5.75 per week. When the workers and their trade union
representative objected to this the Principal stated that he was
simply relaying the decision of the V.E.C. A meeting with the
Chief Executive Officer of the V.E.C. and subsequent
correspondence did not resolve the issue and it was referred on
26th January, 1989 to the conciliation service of the Labour
Court. A conciliation conference took place on 28th February,
1989 but again no agreement was reached. On 25th April, 1989, the
matter was referred to a full hearing of the Labour Court. A
Court hearing took place on 19th June, 1989.
UNION'S ARGUMENTS:
3. 1. These workers are entitled to the same protection as all
other Public Service employees. In particular the union
refers to the Programme for National Recovery.
2. The V.E.C. by cutting the number of hours worked attempted
to effect the equivalent of one redundancy which it had no
right to do. The workers, in effect, received no increases
under the Programme for National Recovery but in fact suffered
a loss. The V.E.C. took unilateral action. No consultation
took place.
3. 3. Other V.E.C.'s had proposed similar action. However on
representation from the Union they withdrew these proposals on
the basis of the protection that the workers enjoy as a party
to the Programme for National Recovery. The V.E.C. in its
action against these workers has attempted to treat part-time
workers in a discriminatory fashion. By depriving the workers
of their agreed remuneration, the V.E.C. has created finance
for an additional post to by-pass the embargo in respect of
new appointments.
4. The Union is seeking restoration of the workers' hours to
ten per week and compensation for the loss they have suffered
since May, 1988.
MANAGEMENT'S ARGUMENTS:
4. 1. The V.E.C. representatives gave the Court full details of
the background to the decision to reduce the cleaners hours.
The Department of Education's Circular Letter No. F35/87
placed an embargo on recruitment in the public service. In
December, 1987, the Department refused to sanction the
employment of a caretaker and contract cleaners at Confey (a
new school) and asked why it was not possible to fill the
caretaker vacancy through redeployment. In April, 1988 the
Department advised that it was a matter for the Committee to
deploy its staff so as best to meet the needs of its schools.
2. The V.E.C. is operating within the regulations laid down
by the Departments of Finance and Education.
RECOMMENDATION:
5. Having considered the submissions made by both parties, the
Court is of the opinion that the V.E.C.'s solution to the problem
of cleaning its schools by cutting the hours of certain staff to
pay for others out of the resultant saving is not what might
reasonably be understood to be redeployment. The facts of the
situation are that the cleaning of an additional school by means
of redeployment of the cleaning staff in the manner in which this
is generally understood would have incurred even further expense.
The Court therefore recommends that the V.E.C. restore the hours
cut from the working week of the cleaners concerned and that the
Department of Education which has the eventual responsibility
acknowledge that the V.E.C. now has an extra school in its charge
which requires cleaning services and arrange to allow its budget
be amended to provide this service.
~
Signed on behalf of the Labour Court
John O'Connell
___________________
__10th___July, 1989 Deputy Chairman.
A.K. / J.C.