Labour Court Database __________________________________________________________________________________ File Number: CD9034 Case Number: LCR12859 Section / Act: S67 Parties: CENTRAL BANK - and - MANUFACTURING SCIENCE FINANCE |
Claim by the Union for an increase in annual leave in respect of Currency Checkers, Supervisors, and Senior Supervisors.
Recommendation:
5. The difference in annual leave arising from the arbitrator's
decision does not in the Court's opinion constitute an anomaly any
more than do the three days transfer leave. In the circumstances
the Court therefore recommends that the Bank's offer on leave be
accepted.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD9034 RECOMMENDATION NO. LCR12859
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: CENTRAL BANK
and
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Claim by the Union for an increase in annual leave in respect
of Currency Checkers, Supervisors, and Senior Supervisors.
BACKGROUND:
2. The present leave entitlements for staff at the Banks note
processing area is as follows:-
Senior Supervisors 25 days
Currency Supervisors 21 days on entry, 22 days after 5 years
Currency Checkers 18 days on entry, 19 days after 5 years.
Some of these workers also have an additional 3 days. This
situation arose when staff transferred from the old currency
checking premises in Foster Place to a new building in Sandyford.
Part of the disturbance package included three additional days
leave for the workers being transferred. Of the current staff 9
currency checkers, 4 supervisors, and two senior supervisors
retain these three days. Five other currency checkers also gained
an extra 3 days following a recommendation by an arbitrator in
1986.
In February, 1988 the Union lodged a claim to have 22 days
established as the basic leave allowance. The Union claims that
at present an anomalous situation exists whereby some currency
checkers have the same leave entitlements as supervisors. The
Bank rejected the claim but following discussions between the
parties the Bank made the following offer.
Senior Supervisors 25 days
Currency Supervisors 21 days on entry
23 days after 5 years
25 days after 10 years
Currency Checkers 18 days on entry
20 days after 5 years
22 days after 10 years.
The Union rejected this offer. Further local discussions and a
conciliation conference held on the 2nd November, 1989 failed to
resolve the issue which was referred to the Labour Court on the
11th January, 1990. A Court hearing was held on the 23rd April,
1990.
UNION'S ARGUMENTS:
3. 1. The Union cannot accept a situation whereby some currency
checkers enjoy the same leave entitlement as supervisors.
Five currency checkers at present enjoy the same annual leave
(22 days) as the more senior grade of supervisor which should
carry with the position a three day annual leave differential
over and above that of currency checker. (This differential
was established in a previous Labour Court Recommendation-
L.C.R. 7716 refers). In some cases the currency checkers have
only ten years service but have the same annual leave
entitlement as supervisors with as much as eighteen years
service.
2. There is also an anomaly within the currency checkers
group in that some currency checkers with only ten years
service have three days annual leave over and above currency
checkers in the same group with up to seventeen years service.
3. In order to rectify the situation the Union is seeking the
following:
(i) All currency checkers on the fifth anniversary of
commencement in the Bank's employment to be
granted service leave of at least three days in
order to eliminate the disparity of leave now
existing within the group. Currency checkers with
over five years service to be restrospectively
compensated.
(ii) Supervisors to automatically hold the differential
of three days over and above the currency checker
grade as awarded in L.C.R. 7716, and also be
retrospectively compensated.
(iii) Senior supervisors in turn to automatically hold
their differential of three days over and above
the supervisor grade and also be retrospectively
compensated.
(iv) Staff no longer in the Bank's employment but who
would be entitled to benefit to also be
retrospectively compensated.
It should be noted that this claim is particular to the
currency checking group and would have no repercussions
whatever in any other group in the Bank. Under the Union's
proposal the basic leave entitlements would be as follows:-
Senior Supervisors 28 days
Currency Supervisors 22 days on recruitment, 25 days
after five years service
Currency Checkers 19 days on recruitment, 22 days
after five years service.
BANK'S ARGUMENTS:
4. 1. The Banks initial reaction was adverse to any increase in
annual leave entitlements on the basis that any lack of
symmetry in the leave structure was entirely due to particular
circumstances in the past. There is no fundamental reason why
currency checkers leave should be increased at all. The leave
of currency checking staff already compares favourably with
other relevant groups of staff. The plus three days of
certain staff has a particular historical basis and does not
give any justification for a general increase in leave.
2. The Bank's offer represents the only basis on which the
present leave structure could be rationalised. Effectively it
would iron out anomalies in the previous structure by bringing
all currency checkers up to 22 days and supervisors up to 25
days, after ten years service. The Bank has been under no
obligation to leave this offer stand but does so in an effort
to resolve a longstanding issue. In these circumstances it is
completely unacceptable to the Bank that basic leave would be
increased and the plus 3 days re-introduced.
RECOMMENDATION:
5. The difference in annual leave arising from the arbitrator's
decision does not in the Court's opinion constitute an anomaly any
more than do the three days transfer leave. In the circumstances
the Court therefore recommends that the Bank's offer on leave be
accepted.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
18th May, 1990. Deputy Chairman
T.O'D/J.C.