Labour Court Database __________________________________________________________________________________ File Number: CD89739 Case Number: LCR12705 Section / Act: S67 Parties: MAYO COUNTY COUNCIL - and - THE LOCAL GOVERNMENT AND PUBLIC SERVICES UNION |
Claim on behalf of 10 Part-time Branch Librarians for an increased holiday entitlement to give new parity with the Library Assistant grade.
Recommendation:
5. The Court considers the Union's claim to be a reasonable one
and recommends that it be conceded by the Council on the basis
that the 4 weeks be inclusive of Church Holidays, for which any of
the claimants is rostered.
Division: CHAIRMAN Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD89739 RECOMMENDATION NO. LCR12705
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: MAYO COUNTY COUNCIL
and
THE LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
SUBJECT:
1. Claim on behalf of 10 Part-time Branch Librarians for an
increased holiday entitlement to give new parity with the Library
Assistant grade.
BACKGROUND:
2. Mayo County Council employs ten part-time Library Assistants
throughout the county. The towns of Ballina, Claremorris and
Wesport each employ a full-time officer - grade librarian -
together with a part-time assistant. The less populated areas of
Ballinrobe, Ballyhaunis, Belmullet, Crossmolina, Kiltimagh,
Louisburgh and Swinford have branch librarys and have a part-time
librarian appointed to carry out all librarian functions. These
part-time librarians are normally expected to work on Tuesday,
Wednesdays, Fridays and Saturdays, for a minimum of 6 hours to a
maximum of 23 hours per week.
In March, 1988, the Union, on behalf of the part-time workers
concerned, served a claim that a pro-rata holiday agreement should
be in line with the full-time grade officers. The Council granted
this claim, for leave to be taken during the months of July and
August at the discretion of the County Librarian.
In June, 1989, the Union lodged a further claim for four weeks
paid leave plus payment for Church Holidays. The Council refused
to grant the leave as this would have resulted in further closures
in the Branch Library's. Agreement was not reached at local level
and the matter was referred to the Conciliation Service of the
Labour Court. A Conciliation Conference took place on 14th
September, 1989. No agreement was reached. The matter was
referred to the Court for investigation and recommendation. The
Court heard the claim on 6th December, 1989.
UNION'S ARGUMENTS:
3. 1. Part-time library assistants are providing a Branch
Library service to the rural community of the County. While
they hold temporary part-time contracts of employment, they
occupy posts that have a permanent feature within a district.
3. 2. The part-time branch librarians' leave entitlements at
present do not compare favourable with the existing
job-sharing scheme for full-time officers. The job-sharing
scheme provides that full-time officers who take up
job-sharing, have half of the entitlements which they had
while working full-time.
3. 3. There is greater acknowledgement and recognition of the
growth in the part-time workforce and of the need to provide
equitable conditions for such workers. On the basis of social
equity the case for providing equitable leave arrangements
between part-time and full-time library workers, is
unchallengeable.
COUNCILS' ARGUMENTS:
4. 1. The Council has no staff available at their headquarters
in Castlebar with librarian skills which it could send to the
Branches for holiday relief.
2. They are not in a position to concede four weeks' paid
leave as this would result in the closure of branch libraries.
3. The adverse effects on the Council where the library
service to the public in these centres was totally withdrawn,
would create greater difficulty within the provision of the
service.
4. The Council agrees to review the matter when new
legislation regarding part-time employers comes into
operation. Part-time branch librarians employed by the Local
Authorities does not have a leave allowance of 4 weeks. If
the claim is conceded there will be repercussions on all other
Local Authorities.
RECOMMENDATION:
5. The Court considers the Union's claim to be a reasonable one
and recommends that it be conceded by the Council on the basis
that the 4 weeks be inclusive of Church Holidays, for which any of
the claimants is rostered.
~
Signed on behalf of the Labour Court
Kevin Heffernan
16th January, 1990 ----------------
M.N./U.S. Chairman