Labour Court Database __________________________________________________________________________________ File Number: CD95326 Case Number: LCR14955 Section / Act: S26(1) Parties: TRINITY COLLEGE, DUBLIN (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - THE IRISH CONGRESS OF TRADE UNIONS (I.C.T.U. |
Hearing arising from LCR14676
Recommendation:
It is clear to the Court that the co-ordination issue has hampered
the negotiations between the parties and prevented the problems
that will arise being addressed.
The Court recommends that the principle of co-ordination be
accepted. It is for the parties to agree how to proceed with this
and to deal with the issues that will arise.
Division: Mr Flood Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD95326 RECOMMENDATION NO. LCR14955
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
TRINITY COLLEGE, DUBLIN
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
THE IRISH CONGRESS OF TRADE UNIONS (I.C.T.U.)
SUBJECT:
Hearing arising from LCR14676
BACKGROUND:
As a consequence of an instruction from the Higher Education
Authority (H.E.A.), Trinity College is proposing to change
the existing pension scheme for weekly employed staff to a
scheme co-ordinated with Social Welfare pension arrangements.
The new co-ordinated scheme would affect 220 current
employees and any newly recruited staff.
The matter was the subject of a Labour Court hearing in
January, 1995. In February, 1995 the Court issued LCR14676
in which it recommended 'that the parties involved commence
discussions immediately on the changes to the present pension
scheme funding in order that the issue be resolved amicably.
The Court believes that this should take no longer than 2
months from the date of issue of this Recommendation. If no
resolution emerges, then the issue can be brought back to a
Court hearing by either side and the Court will make a
specific recommendation'.
Agreement could not be reached and the dispute was referred
back to the Court on 11th May, 1995. A Labour Court hearing
took place on 28th October, 1995, the earliest suitable date
to both parties.
COLLEGE'S ARGUMENTS:
1. The College must operate within the parameters laid down by
the H.E.A. and the Department of Finance.
2. The College is seeking that the full co-ordination with the
State Old Age Pension be applied for all new members of the
College Pension Scheme with effect from 4th August, 1994,
3. That the principle of age combined with length of service be
used as a basis for negotiations which would provide a level
of amelioration in respect of the College's decision to
co-ordinate future service for all staff from 4th August,
1994.
I.C.T.U.'s ARGUMENTS:
1. Management's proposals are unacceptable to the Unions and are
against the spirit of the Programme for Competitiveness and
Work. It is unfair and unacceptable that entitlements
accrued over a period of years should be set aside with
retrospective effect.
2. The Unions are concerned that the question of co-ordination
only became an issue for management and/or the funding
agencies when there was a prospect of the Unions making
progress on the pension rights of part-time workers. The
attempt by the H.E.A. to deal with this matter by dictation
rather than by negotiation, raises questions about the
commitment of the H.E.A. to industrial relations institutions
established by the Oireachtas.
3. There is no legal, still less a moral basis, for the
introduction of pension co-ordination particularly for
workers who earn less than the average industrial wage.
4. There is a growing perception, particularly among lower paid
workers that as the State Pension becomes an increasing
amount of their pension entitlements, their occupational pension element
represents less and less value for money. This conviction is
one of the main factors in the recent dispute involving the
Dublin Voluntary Hospitals.
RECOMMENDATION:
It is clear to the Court that the co-ordination issue has hampered
the negotiations between the parties and prevented the problems
that will arise being addressed.
The Court recommends that the principle of co-ordination be
accepted. It is for the parties to agree how to proceed with this
and to deal with the issues that will arise.
~
Signed on behalf of the Labour Court
2nd November, 1995 Finbarr Flood
F.B./A.K. ---------------
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.