Labour Court Database __________________________________________________________________________________ File Number: CD909 Case Number: LCR12767 Section / Act: S67 Parties: OFFICE OF PUBLIC WORKS (KILLARNEY NATIONAL PARK) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union, for the retention of a two hours off work concession to workers on Church holydays, to attend Mass.
Recommendation:
5. The position of the Killarney workers is unique among the
O.P.W. employees in so far as until now they have had time off for
Mass on Church holydays even though that arrangement ceased for
everyone else some six years ago. The practice continued in
Killarney because of an administrative error.
The Court does not consider that the practice of time off for Mass
on Church holydays is justified any longer even in rural Ireland
and accordingly recommends that the Union accepts that it should
be discontinued. Because the period since the administrative
mistake occurred was so long and because the Killarney workers
enjoyed more than the usual time off on holydays, the Court
recommends that the workers should be paid #150 each by way of
compensation.
Division: CHAIRMAN Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD909 RECOMMENDATION NO. LCR12767
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: OFFICE OF PUBLIC WORKS (KILLARNEY NATIONAL PARK)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union, for the retention of a two hours off work
concession to workers on Church holydays, to attend Mass.
BACKGROUND:
2. Until 1984 workers employed by the Office of Public Works in
rural areas were allowed time off work to attend at Mass on Church
holydays. The practice arose during the time when it was not
possible for workers to attend Mass before reporting for work and
when there were no evening Masses. From 1984 onwards the practice
of allowing workers time off to attend Mass was discontinued.
However, due to a breakdown in communications between Head Office
management and local management, the practice continued at
Killarney National Park. In 1989, when Head Office discovered
that the practice was still in operation, a direction issued
advising that it should cease immediately. The direction was
unacceptable to the workers on the grounds that a practice which
operated for sixty years could not be arbitrarily withdrawn. The
issue was the subject of a Labour Court conciliation conference on
7th December, 1989. No agreement was reached and the Union
requested a full Court hearing. The Office of Public Works agreed
and the Court investigated the dispute in Killarney on 21st
February, 1990.
UNION'S ARGUMENTS:
3. 1. The two hours off work arrangement is an established
part of workers' conditions of employment. Any attempt to
remove it would be a worsening of conditions and accordingly,
a breach of the Programme for National Recovery.
2. The concession is a very important one in rural Ireland.
Country people still see the Mass as a focal point of their
life and attending Church on holydays is of the utmost
importance.
3. Management point out that there is evening Mass
available on the eve of holydays. This is acknowledged but an
evening Mass has been available for the past sixteen years.
This particular Mass is totally inconvenient since many of the
workers are living in remote areas and do not possess a car.
There is no public transport available.
3. 4. Any attempt to remove the concession would be against
all the principles of good industrial relations, particularly,
having regard to the fact that the group of workers concerned
are amongst the lowest paid in the Public Sector.
OFFICE OF PUBLIC WORKS ARGUMENTS:
4. 1. The practice of allowing employees time off work to
attend Mass on Church holydays was discontinued in 1984.
Prior to that, the principle was widely accepted but the
amount of time allowed was usually one hour. It was highly
unusual to allow two hours off for this purpose.
2. In 1989, when management discovered that the practice
still existed at Killarney National Park, a direction issued
stating that it should be discontinued. The Union claimed
that as the privilege existed for years, workers have an
established right to continue it indefinitely. Prior to 1984,
time off to attend Mass was not a privilege as it was a
necessity for Catholics in rural areas who wished to comply
with their christian obligations. Mass times usually
coincided with working hours and accordingly, workers had no
option but to attend Mass during the working day. The
situation has changed dramatically since 1984. Holydays are
now regarded as ordinary working days and time off to attend
Mass no longer applies in any employment.
4. 3. The failure of the Office to end the practice in
Killarney National Park in 1984 when it ended everywhere else,
must be seen as an error on its part. Failure to end it now
that the error has been discovered would leave the Office open
to a charge at some time in the future, that it allowed a
practice, which was in operation by default, to continue.
4. 4. The fact that a group of workers enjoyed the
facility of time off for six years more than they should have
is not sufficient grounds for allowing them and other workers
not yet employed, to continue to enjoy the facility ad
infinitum. The Office is quite satisfied that it had no
option but to discontinue the practice. As far as it is
concerned, the Court is being asked to arbitrate on the
question of, whether in the six year period since 1984, the
workers managed to acquire rights which would entitle them to
better terms on cessation of the practice, than that which
applied to all other workers in 1984. In 1984, the workers
concerned got no compensation or other concession when the
practice was discontinued. The workers concerned with the
claim have done well out of the administration mix-up and
should not be compensated.
RECOMMENDATION:
5. The position of the Killarney workers is unique among the
O.P.W. employees in so far as until now they have had time off for
Mass on Church holydays even though that arrangement ceased for
everyone else some six years ago. The practice continued in
Killarney because of an administrative error.
The Court does not consider that the practice of time off for Mass
on Church holydays is justified any longer even in rural Ireland
and accordingly recommends that the Union accepts that it should
be discontinued. Because the period since the administrative
mistake occurred was so long and because the Killarney workers
enjoyed more than the usual time off on holydays, the Court
recommends that the workers should be paid #150 each by way of
compensation.
~
Signed on behalf of the Labour Court
Kevin Heffernan
5th April, 1990 ----------------
A. McG/U.S. Chairman