FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE, DUBLIN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION LIBRARY STAFF ASSOCIATION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Clause 2(iii) of the Programme for Competitiveness and Work (PCW).
BACKGROUND:
2. The issue in dispute concerns a claim by the Union and the Library Staff Association (LSA) on behalf of its members (52 library assistants) in relation to Clause 2 (iii) of the Programme for Competitiveness and Work.
The College claims that it needs to restructure how the library operates and is seeking a range of measures including permanent transfers to increase efficiency and effectiveness in the library, in return for increases in pay in the form of long-service increments, increased promotional opportunities and a general scale increase. It claims that it needs the flexibility from the library assistants in order to provide a better service.
The Unions' claim that the library assistants traditionally received special pay awards in line with the Civil Service Grades of Executive Officer and Higher Executive Officer. It was agreed by all concerned to maintain this relationship and that the claim could be negotiated under Annex A of Clause 2(iii) of the PCW. However, the Unions were not prepared to accept permanent transfer in respect of current staff. They wanted transfers to take place only with the consent of the staff involved.
The College rejected the Unions' proposals. As no further progress was possible at this stage, both sides agreed to seek the help of an independent facilitator to assist in a resolution of the dispute. The facilitator subsquently progressed the dispute to the point where only two issues remained unresolved; (1) permanent transfers; (2) long service increments. The facilitator subsquently prepared a report on the dispute for the Labour Relations Commission.
A conciliation conference was held on the 11th April, 1997. The Industrial Relations Officer (IRO) issued proposals following consultation with the independent facilitator. The proposals were accepted by the College and the Library Staff Association. However, they were rejected by the Union.
As no further agreement was possible between the parties the dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Acts, 1990. The Court investigated the dispute on the 17th November, 1997.
UNIONS' ARGUMENTS:
3. 1. The permanent transfer of staff should only take place with the consent of those concerned.
2. The long service increments should comply with the start-up dates of the Civil Service agreement, and not October, 1995 as proposed by the College.
3. The College should improve the pay and conditions of employment for the library personnel concerned.
4. Any re-organisation of the library service should only take place with the agreement of the Unions and workers concerned.
COLLEGE'S ARGUMENTS:
4. 1. The Unions' threat of industrial action unless a substantial offer was made under Clause 2(iii) of the PCW was in breach of that agreement.
2. The College has gone to great lengths in attempting to achieve an agreed package
with the Unions under the terms of PCW.
3. The ability to transfer staff from one area of the library to another where necessary is of vital importance to the College's plans for the future of the library.
4. The College's offer as outlined in its submission (Appendix 4) is fair and reasonable and should be accepted by the Unions.
RECOMMENDATION:
The Court has considered the detailed submissions from all parties involved in this dispute. The Court also recognises the efforts made by all parties, with the assistance of a facilitator and the Labour Relations Commission, to arrive at an agreement.
It is clear to the Court from the submissions and oral hearing that the proposals on transfers were creating a barrier to settlement. Much progress had been made on other items involved.
In the circumstances the Court considers it appropriate to make a recommendation on the issue of transfers and advise that all other outstanding items be referred back to the facilitator with a deadline of 31st January, 1998 for completion. In the event of non-agreement on any item at that stage the parties may refer back directly to the Court who will facilitate an early hearing.
The Court recommends that the paragraph in Appendix 4 of the College's submission be accepted by the Union and the Library Staff Association with the following addendum:-
"If any dispute arises, following the exhaustion of the internal process set out above the transfer should be implemented and the parties agree to refer the dispute to a Rights Commissioner and if necessary the Labour Court."
Signed on behalf of the Labour Court
Evelyn Owens
28th November, 1997______________________
L.W./S.G.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.