FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : REHABILITATION INSTITUTE (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. 1. Annual leave.
2. Paid attendance at Union national meetings.
BACKGROUND:
2. 1. Annual Leave:-
The annual leave entitlement for most workers employed by the Rehab Group is 23 days. The majority of holidays are fixed holidays - 3 days at Christmas, 15 days in July/August (10 days following public holiday and 5 days before or after this), Good Friday and the Friday of the June public holiday. The remaining 3 days are floating days. The Union is claiming an increase in the number of floating days, by avoiding a fixed shutdown during July/August if possible and by assigning Good Friday and the June Friday as floating days. Management has rejected the Union's claim, stating that fixed holidays are necessary to the efficient operation of the organisation's activities.
2. Paid attendance at Union national meetings:-
As all conditions of employment are negotiated nationally, the Union has a National Committee consisting of 10 members from various locations. The Union originally claimed paid leave for the 10 members to attend meetings on four occasions per year. The claim has since been modified to two meetings per year. Management has rejected the claim on the basis that increasing absences at Union meetings would have a detrimental effect on the quality of vocational training at centres.
The dispute between the parties was the subject of a conciliation conference at the Labour Relations Commission on 20th February, 1996. As agreement could not be reached it was agreed to refer the dispute to the Labour Court on 25th April, 1996 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 16th July, 1996, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. Annual leave:-
The Union's claim is that each centre should discuss and decide on the timing of annual leave on an individual basis, taking into account the requirements of the trainees and the employees. If possible, fixed periods of shutdown should be avoided unless absolutely necessary. Currently some centres vary the shutdown period, while trainees are also allowed flexibility in arranging their leave. Good Friday and the June Friday should not be mandatory leave days, but floating days.
2. Paid attendance at Union national meetings:-
The Union has 370 members in at least 34 locations. It is necessary for the National Committee to meet regularly to conduct Union affairs. At present the Committee meets at week-ends only, but it would contribute significantly to the orderly conduct of industrial relations if management would allow two paid meetings per year, as in similar large organisations.
GROUP'S ARGUMENTS:
4. 1. Annual leave:-
Fixed timing of annual leave is absolutely necessary, as vocational training involves input from a number of specialised personnel operating as a multi-disciplinary team. Concession of the Union's claim would jeopardise the effectiveness of training and would lead to chaos in operating arrangements. The Holidays (Employees) Acts, 1973 and 1991, state clearly that "the timing of annual leave is determined by the employer".
2. Paid attendance at Union national meetings:-
The recently agreed Company/Union agreement specifically states "All meetings except Management/Union meetings will normally take place outside working hours". Since 1993 there has been a frequent number of Union meetings (details supplied) including constant contact with management. The Union is afforded reasonable time off for meetings and further time off at the Group's expense is not required.
RECOMMENDATION:
Having considered the submissions from the parties, the Court recommends as follows on both claims:-
Annual Leave:-
The Court recommends that an annual close down of 2 weeks at a time to be
agreed, continue in all centres.
The time when the balance of leave should be taken is to be agreed at local level. The Court further recommends that the present arrangement for Good Friday and June holiday continues.
Paid Attendance at Union National Meetings:-
TThe Court recommends that all ten members of the National Committee be allowed one paid day per year to attend a Union meeting.
Signed on behalf of the Labour Court
Evelyn Owens
2nd August, 1996______________________
D.G./S.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.