Labour Court Database __________________________________________________________________________________ File Number: CD95298 Case Number: LCR15075 Section / Act: S26(1) Parties: UNIVERSITY COLLEGE GALWAY (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim for the introduction of pension, maternity and sick leave benefits.
Recommendation:
Having considered the submissions from the parties the Court finds
as follows in relation to the three items in dispute.
PENSION: The Court does not recommend concession of the
Union's claim and draws attention to the
provision for granting "added years" should
the claimants become permanent.
SICK LEAVE: The Court recommends that the sick leave
scheme be brought up to that in operation in
U.C.D.
MATERNITY LEAVE: The Court recommends concession of the Union's
claim and further urges that the position of
one individual raised by the Union be given
favourable consideration.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95298 RECOMMENDATION NO. LCR15075
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
UNIVERSITY COLLEGE GALWAY
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim for the introduction of pension, maternity and sick
leave benefits.
BACKGROUND:
2. The dispute before the Court concerns the Union's claim on
behalf of Temporary Teaching Appointees (TTA's) for the
introduction of pension, maternity and sick leave benefits.
The Union argues that no pension provision exists in the case
of the TTA's and that the College pays full salary to
permanent employees for maternity and sick leave absences.
The TTA's receive social welfare entitlements for such
absences.
The College's position is that the pension issue is one of
public policy and that no institution had clearance from the
Higher Education Authority for the introduction of pensions
for temporary staff. It is not in a position to offer any
improvements in relation to maternity and sick leave
benefits.
The matter was referred to the Labour Relations Commission.
A conciliation conference took place on 22nd March, 1995. As
agreement was not reached the matter was referred to the
Labour Court on 10th May, 1995 under Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took
place in Galway on 14th September, 1995.
UNION'S ARGUMENTS:
3. 1. In LCR13887, issued in December, 1992, the Court
recognised that the Union's case relied on the general
principle 'that part-time and temporary staff should be
treated not less favourably than full-time, permanent
staff - apart from the obvious limitations that derive
from the nature of their employment'. The Court decided
that no distinction of substance exists between the work
or contribution of a TTA and that of a Junior Lecturer
and that therefore the Junior Lecturer salary scale
should apply where a TTA's contract is renewed beyond
the second year.
2. TTA's should be treated no less favourably than their
permanent colleagues for the purpose of pension,
maternity and sick leave absences. The Union is
attempting to eliminate the discrimination which
exits in these areas.
3. The College has demonstrated a positive approach to the
question of pensions for its contract staff. It has
operated a pension scheme (Carna Scheme) for some
contract staff on the basis of a 10%-5%
employer-employee divide of the costs. It is the
Union's understanding that this scheme is still in
existence and would be suitable for TTA's.
4. The Union is requesting that the Court recommend that
there is merit in the Union's claim and that:-
(a) in respect of pension, the preferred solution is
membership of the Joint Pension Scheme or if that
is not possible for technical reasons, membership
of a scheme of comparable benefit and
(b) in respect of maternity and sick leave benefits
these should be conceded immediately.
COMPANY'S ARGUMENTS:
4. 1. In its previous submission to the Court in relation to
TTA's (LCR 13887 refers) the College emphasised the
clear distinction between these temporary posts and the
normal career grade structure. Concession of the
Union's claim would erode that distinction, effectively
inserting such temporary appointments as a new
recruitment grade, with consequent long-term deleterious
effects on the career grade structure for the staff of
the College.
2. The College is rejecting the claim for a top-up
arrangement for the following reasons on the basis:-
(a) that it would erode the distinction already
mentioned between such appointments and the
permanent grades, thus undermining the normal
career grade structure.
(b) of the cost involved.
(c) that it would create a precedent in the University
sector.
(d) that the Court in 1992 did not recommend concession
of the Union's claim.
3. Special pension arrangements have on occasion been
entered into for contract workers. The general
situation within the public sector and, in particular,
within Irish university institutions, is that pensions
do not apply to temporary staff.
4. The grade of TTA is seen by the College as essentially
one of a trainee nature and does not count as
pensionable service. The arrangement has significance
regarding 'added years' for pension purposes. The
College gives added years to academic members who are
permanent and pensionable.
5. The terms under which the added years are given conform
to the normal practice in the public sector regarding
'professional years'. In giving added years, the
College is aware that the academic member has spent
years preparing, training and gaining experience for
his/her permanent pensionable post. A maximum of ten
years is granted with a view to giving a maximum of 40
years.
6. As argued in 1992, the College would be greatly
concerned at the potential cost of concession of the
Union's claim. In its submission at that time the
College pointed out that "given the precarious basis of
the funding of these Temporary Teaching Appointments ...
any increase in the cost structure may have to be met by
a reduction in the number of these posts. Having regard
to the dearth of academic employment opportunities in
Ireland at present and the usefulness of these posts to
several permanent staff in providing them with the
initial entry to their academic career, that is not a
prospect that would appeal to the College'. This
position has not changed.
RECOMMENDATION:
Having considered the submissions from the parties the Court finds
as follows in relation to the three items in dispute.
PENSION: The Court does not recommend concession of the
Union's claim and draws attention to the
provision for granting "added years" should
the claimants become permanent.
SICK LEAVE: The Court recommends that the sick leave
scheme be brought up to that in operation in
U.C.D.
MATERNITY LEAVE: The Court recommends concession of the Union's
claim and further urges that the position of
one individual raised by the Union be given
favourable consideration.
~
Signed on behalf of the Labour Court
1st February, 1996 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.