Labour Court Database __________________________________________________________________________________ File Number: CD93652 Case Number: LCR14326 Section / Act: S20(2) Parties: BANKS' STAFF RELATIONS COMMITTEE - and - IRISH BANK OFFICIALS' ASSOCIATION |
An investigation arising from LCR13601 concerning longer opening hours.
Recommendation:
LCR13601 and the Court's clarification letter of 15/4/92 were the
basis of resolution of the 1992 Banks/IBOA dispute. It was open
to the parties to amend these documents by agreement and the issue
before the Court is whether such an amendment took place.
The Association asserts that there was agreement that the
Recommendation relating to pre-10 a.m. opening would not be
invoked by the Banks. The Banks deny that this is so or that the
matter was ever at issue between the parties.
There is no documentary proof that such an agreement was
concluded. Neither is there confirmation from Messrs. Duffy and
O'Sullivan who filled an intermediary role between the parties at
the request of the Minister for Labour that the alleged amendment
was agreed.
In the circumstances, the Court must rely on LCR13601 and its
clarification letter and accordingly finds that its recommendation
regarding pre-10 a.m. opening still stands as part of the
Banks/IBOA agreement. The Court recommends that the parties
accept this position.
The Court also recognises that procedural arrangements to verify
the acceptance of the early opening by staff have not been agreed
between the parties and recommends that discussions take place to
meet this short-coming.
Division: Mr Heffernan Mr Brennan Mr Rorke
Text of Document__________________________________________________________________
CD93652 RECOMMENDATION NO. LCR14326
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: BANKS' STAFF RELATIONS COMMITTEE
AND
IRISH BANK OFFICIALS' ASSOCIATION
SUBJECT:
1. 1. An investigation arising from LCR13601 concerning longer
opening hours.
BACKGROUND:
2. 1. Arising from an Association dispute with the 4 main
banks, Labour Court Recommendation No. 13601 was issued on
23rd March, 1992.
The Recommendation was clarified by the Court by letter dated
15th April, 1992. The addendum to LCR13601 stated as
follows:-
"Bearing in mind that the Court intended that
Recommendation LCR13601 would finalise the difficult and
long-running issues involved in this case, the Court
considers that any residual issues arising from the
recommendation or from the clarification given above
should be referred to the Court for final resolution.
If this is accepted the Court recommends that the
payment of #750 proposed in LCR13601 be increased to
#1,000".
2. Under the terms of the Recommendation, the Banks wrote
to the Court on 7th September, 1993, seeking the Court's
interpretation of the Recommendation relevant to "early
morning opening". The relevant section of the Recommendation
is as follows:
"that the IBOA should not maintain a principled
objection to an earlier opening time in any particular
branch provided such an arrangement is acceptable to the
staff involved."
The Association had disputed the right of the Banks to open
earlier than 10 a.m. in one instance. The position emerged
when one bank proposed opening earlier in one location
following agreement with the staff involved.
3. A Labour Court investigation under Section 20(2)
Industrial Relations Act, 1969, took place on 20th December,
1993 (the earliest date suitable to both parties).
BANKS' ARGUMENTS:
3. 1. Clause 3.1 of LCR13601 allows for the early opening of
Bank branches "provided such an arrangement is acceptable to
the staff involved". Early morning opening is an integral
part of LCR13601 and it was not the subject of clarification,
qualification or exclusion in the context of the final
settlement (details supplied).
2. The Association's argument is that the clarification
process which followed LCR13601 resulted in the dropping of
the early opening issue. There is no evidence for this
argument. The Banks maintain that early morning opening, as
provided for in LCR13601, was and remains part of the agreed
settlement between the parties.
3. The Labour Court's letter of 15th April 1992, which
clarifies aspects of its Recommendation does not mention
early opening hours. If, as the Association suggests, the
issue was the subject of a behind-the-scenes agreement, it
would have to have been referred to by the Court.
ASSOCIATION'S ARGUMENTS:
4. 1. The Banks are aware that the strike settlement proposals
were quite significantly different from the terms of
LCR13601. The Association's position on early opening was
well known to the Banks prior to the return to work (details
supplied).
2. The workers did not vote on early morning opening
because the issue had been withdrawn prior to the return to
work. The Banks were aware of what the workers were voting
on and the Banks did not demur at the Association's position
(details supplied).
3. It is inappropriate for the Court to be asked to
adjudicate on a dispute over the settlement terms when the
Court was not directly involved in the negotiations which led
to those settlement terms. At the same time the Banks have
refused the Association's reasonable request that the
principals in the post-Labour Court discussions (details
supplied) be asked to attend a meeting of all parties in
order that the matter can be considered.
RECOMMENDATION:
LCR13601 and the Court's clarification letter of 15/4/92 were the
basis of resolution of the 1992 Banks/IBOA dispute. It was open
to the parties to amend these documents by agreement and the issue
before the Court is whether such an amendment took place.
The Association asserts that there was agreement that the
Recommendation relating to pre-10 a.m. opening would not be
invoked by the Banks. The Banks deny that this is so or that the
matter was ever at issue between the parties.
There is no documentary proof that such an agreement was
concluded. Neither is there confirmation from Messrs. Duffy and
O'Sullivan who filled an intermediary role between the parties at
the request of the Minister for Labour that the alleged amendment
was agreed.
In the circumstances, the Court must rely on LCR13601 and its
clarification letter and accordingly finds that its recommendation
regarding pre-10 a.m. opening still stands as part of the
Banks/IBOA agreement. The Court recommends that the parties
accept this position.
The Court also recognises that procedural arrangements to verify
the acceptance of the early opening by staff have not been agreed
between the parties and recommends that discussions take place to
meet this short-coming.
~
Signed on behalf of the Labour Court
10th February, 1994. Kevin Heffernan
J.F./A.L. ______________________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.