Labour Court Database __________________________________________________________________________________ File Number: CD95670 Case Number: LCR15085 Section / Act: S26(1) Parties: UNIVERSITY COLLEGE GALWAY (Represented by THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning increase in hours of work/decrease in annual leave entitlement.
Recommendation:
5. It is clear that despite the agreement reached in 1991 further
"slippage" ensued in relation to the implementation of hours of
work and holidays for a number of employees.
The Court having considered all aspects of this case is unable to
endorse the Union's claim.
However, given the progress made on a wide range of issues in this
particular area the College might consider agreeing a final cut-off
date for concession of these hours of work and holidays.
Division: Mr Flood Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD95670 RECOMMENDATION NO. LCR15085
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. Dispute concerning increase in hours of work/decrease in annual
leave entitlement.
BACKGROUND:
2. In 1992 the College discovered that as a result of "slippage"
in working arrangements. staff in the library were working a 32.5
hour week and not 33 and three quarters as provided for in their
conditions of employment. These workers also received 42 days
annual leave instead of 40. Management decided that existing
employees could retain the 32.5 hours/42 days on a 'red circled'
basis. All new staff were to be placed on the correct conditions.
However, because of an oversight the new arrangement was not put in
place between 1992 and 1995. As a result three employees have
worked the 32.5 hours and received the 42 days annual leave during
that period. In 1995 the College decided to strictly enforce the
contract terms immediately in the case of the three workers. The
Union claimed that the three workers should also be 'red circled'.
Management rejected the claim. The dispute was referred to the
Labour Relations Commission and a conciliation conference was held
on the 31st October, 1995. Agreement was not possible and the
dispute was referred to the Labour Court by the Labour Relations
Commission on the 22nd November, 1995. A Court hearing was held in
Galway on the 7th February, 1996.
UNION'S ARGUMENTS:
3. 1. In 1992 the Union endorsed Management's view that the
contract terms should be implemented. The College failed
to do so. The penalty for this failure should rest with
the College, not the three workers concerned.
2. Two of the three employees were actually working in the
Library under the old conditions of employment when
Management decided to enforce the contract. Therefore at
that time the decision if applied should not have
affected two of the three workers.
3. The College appears to be singling out the three workers
because they were not permanent in the Library prior to
1992. The Union cannot accept the distinction being
drawn between contract and permanent workers.
4. No major difficulties will result if the College allows
the three workers retain conditions which were applied to
them for a number of years. There are no knock-on
effects for workers in the Library or elsewhere.
COLLEGE'S ARGUMENTS:
4. 1. Management cannot agree that the three workers concerned
should also be allowed to enjoy the enhanced working
conditions of long serving employees. The College is
concerned at the discrepancies resulting from these
unofficial entitlements, particularly when the very
favourable conditions applicable to Library staff are
compared with those of Administration staff.
2. College has accepted that where Library staff have
been engaged for a long period of time the situation
offering these extra benefits may continue. However, to
enshrine these 'extras' as rights for new employees is
not acceptable
3. The three workers concerned were, at the onset of taking
up positions in the Library, only assigned there
temporarily. They filled existing temporary vacancies
and one worker remains employed on a temporary basis. It
is unfair and inequitable that employees in this
situation should enjoy conditions far in excess of the
conditions of long-serving permanent staff in
Administration.
RECOMMENDATION:
5. It is clear that despite the agreement reached in 1991 further
"slippage" ensued in relation to the implementation of hours of
work and holidays for a number of employees.
The Court having considered all aspects of this case is unable to
endorse the Union's claim.
However, given the progress made on a wide range of issues in this
particular area the College might consider agreeing a final cut-off
date for concession of these hours of work and holidays.
~
Signed on behalf of the Labour Court
Finbarr Flood
29th February, 1996 --------------
T O'D/U.S. Deputy Chairman
NOTE:
ENQUIRIES CONCERNING THIS RECOMMENDATION SHOULD BE ADDRESSED TO
MR TOM O'DEA, COURT SECRETARY.