Labour Court Database __________________________________________________________________________________ File Number: CD90369 Case Number: LCR13122 Section / Act: S67 Parties: LOUTH VOCATIONAL EDUCATION COMMITTEE - and - LOCAL GOVERNMENT AND PUBLIC SERVICE UNION |
Dispute concerning pro rata pay and conditions for six Part time Library staff.
Recommendation:
5. The Court having considered the oral and written submissions
of the parties considers the claim of the Union to pro-rata
entitlements for part-time library staff should be conceded.
The Court notes that the parties shall arrange to have discussions
regarding the implementation of these entitlements.
The Court so recommends.
Division: MrMcGrath Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD90369 RECOMMENDATION NO. LCR13122
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: LOUTH VOCATIONAL EDUCATION COMMITTEE
DEPARTMENT OF EDUCATION
AND
LOCAL GOVERNMENT AND PUBLIC SERVICE UNION
SUBJECT:
1. Dispute concerning pro rata pay and conditions for six Part
time Library staff.
BACKGROUND:
2. The dispute concerns part time library assistants in Dundalk
Regional Technical College who are employed for between 20 and 34.50
hours per week. The Union is seeking pro rata entitlements with
full time library staff. The claim is on behalf of 6 staff - 1
part time assistant librarian, 1 temporary wholetime library
assistant and four other staff. Management had recently regraded
the second post from part time to temporary wholetime which the
Union claimed deprived the holder of certain benefits. The
parties agreed to discuss the case of the temporary wholetime
library assistant separately. As no agreement on pro-rata
entitlements could be reached locally, the matter was referred to
the Conciliation Service of the Labour Court. No agreement was
reached at a conciliation conference of 13th June, 1990 and the
Union sought a full Labour Court hearing to which Management
agreed. A Labour Court investigation took place on 20th November,
1990 in Dundalk.
UNION'S ARGUMENTS:
3. 1. The Union is seeking pro rata entitlements for part time
staff in the library service. At present their rate of pay is
based on the minimum point of the relevant grade and in
general no annual or sick leave entitlements are received.
(details supplied to the Court).
2. Teachers within the VEC system were awarded pro rata
entitlements by the Court. Although the argument being put
forward is that the Department of Education cannot act pending
the outcome of negotiations in Local Authorities and Health
Boards, it was able to take the lead in relation to the
teachers.
3. 3. The Union has been to the Court on two previous occasions
and on both occasions the Court recommended in favour of the
Union's claim (details supplied to the Court).
4. The Union submits that it is unfair that staff of such
long service get no pro-rata entitlements. If the Court
recommended in its favour it would be prepared to discuss its
implementation with the employer side.
MANAGEMENTS ARGUMENTS:
4. 1. There is a long standing relationship between VEC grades
and related grades in Local Authorities and Health Boards. As
the VEC is the smaller of the above mentioned employments, it
has always been the practice that developments there follow
those in the other larger employments.
2. As yet, although under discussion, no concessions
regarding pro-rata entitlements have been made in either the
Local Authorities or the Health Boards.
3. Management submits that any consideration of the present
claim should await the outcome of the above-mentioned
negotiations, it will then be prepared to enter into
discussions on a resolution of the matter with the claimants.
Any decision on this claim at this stage could prejudice the
discussions in much larger employments and have very serious
cost implications.
RECOMMENDATION:
5. The Court having considered the oral and written submissions
of the parties considers the claim of the Union to pro-rata
entitlements for part-time library staff should be conceded.
The Court notes that the parties shall arrange to have discussions
regarding the implementation of these entitlements.
The Court so recommends.
~
Signed on behalf of the Labour Court,
Tom McGrath
___________________
13th December, 1990.
J. F. / M. F. Deputy Chairman.