Labour Court Database __________________________________________________________________________________ File Number: CD94284 Case Number: LCR14519 Section / Act: S26(1) Parties: UNIVERSITY OF LIMERICK - and - MANUFACTURING SCIENCE FINANCE |
Dispute concerning the holiday arrangements for part-time library assistants and attendants.
Recommendation:
The Court recognises the need of the University to ensure the
efficient operation of the library.
Given all of the views expressed by the parties the Court
recommends that the employees concerned be allowed to take 4 days
guaranteed annual leave during the employment period.
Division: MrMcGrath Mr Brennan Mr Walsh
Text of Document__________________________________________________________________
CD94284 RECOMMENDATION NO. LCR14519
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
UNIVERSITY OF LIMERICK
AND
MANUFACTURING SCIENCE FINANCE
SUBJECT:
1. Dispute concerning the holiday arrangements for part-time
library assistants and attendants.
BACKGROUND:
2. 1. The claim is on behalf of a group of 12 part-time
library assistants and 11 part-time library attendants
for a more flexible system of holiday rostering. The
workers are employed on yearly contracts which allow the
breaking of service by means of six weeks unpaid
holidays between June and September.
2. The workers are entitled to 14 days' annual leave per
annum. The University insists that all of these
holidays be taken during the period June to September.
The Union's claim is that the workers be allowed to take
their annual leave during the 10.50 months that they are
in actual employment.
3. The University rejected the claim and it was referred to
the Labour Relations Commission. A conciliation
conference was held on 16th November, 1993. The
University argued that the workers were employed to
cover peak periods of academic activity in the library
and that there was little leeway to allow leave to be
taken. It did offer to allow 2 days to be taken during
term time but this was rejected by the Union.
4. On 13th May, 1994, the dispute was referred to the
Labour Court under section 26(1) of the Industrial
Relations Act, 1990. A Labour Court investigation took
place in Limerick on 30th June, 1994.
UNION'S ARGUMENTS:
3. 1. The workers are simply seeking the right to arrange
their holidays on the same basis as their full-time
colleagues. The full-time staff have the facility to
take holidays during out-of-term periods (Christmas,
Easter, Summer) throughout the year.
2. The Union recognises that the requirements of the
employment have to be borne in mind in respect of the
allocation of leave. However, in principle, the
University must allow the taking of leave during the
periods of employment. To do otherwise is to
discriminate against the part-time workers.
3. The Union's final position is that a 50:50 split of the
leave entitlement of 14 days is reasonable. The Union
is seeking an agreement whereby part-time workers can
take up to 7 days during the period of their paid
employment. Arrangements for taking the leave can be
worked out locally on the same basis as for full-time
staff.
UNIVERSITY'S ARGUMENTS:
4. 1. The workers are employed in the library which is a
service division dictated by the needs of the academic
staff and student body. Its staffing needs reflect
their needs which are at maximum during term. The
concession of the Union's claim has the potential for
the library losing the services of a part-time staff
member for 180 days.
2. Concession of the Union's claim would lead to increased
costs which the University is unable to meet, given the
severe financial constraints it operates under. The
fundamental rationale for the posts is to ensure the
highest level of service during the peak period. There
is a more limited need for these posts outside of term
time. Staffing levels in the library would have to be
increased if the current level of service is to be
maintained.
3. The claim is clearly cost increasing. If the University
was to concede the claim. it would have serious knock-on
effects. The granting of leave is at the discretion of
management who must work within existing financial and
staffing resources.
RECOMMENDATION:
The Court recognises the need of the University to ensure the
efficient operation of the library.
Given all of the views expressed by the parties the Court
recommends that the employees concerned be allowed to take 4 days
guaranteed annual leave during the employment period.
~
Signed on behalf of the Labour Court
28th July, 1994 Tom McGrath
J.F../D.T. _______________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.