FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL COLLEGE OF ART AND DESIGN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr McHenry Worker Member: Ms Ni Mhurchu |
1. Pro-rata remuneration with full-time counterparts.
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of part-time technical assistants employed by the College for pro-rata remuneration with the full-time technical assistants. There have been numerous meetings between the parties to try and resolve this dispute. The claim was originally lodged in May 1991.
Some of the outstanding issues which the Union wants resolved are as follows:
(a) that the part-time technical assistants be paid for 52 weeks and not for 34 weeks as currently applies;
(b) that there should be no limit on the annual increments for part-time technical assistants until the maximum of the scale is reached;
(c) that the claim be implemented with effect from the 27th of May , 1991 which is the date the claim was made.
The College claims that it has only work for the part-time technical assistants for 34 weeks of the year. It cannot find or justify work for a full calendar year for the part-time technical assistants.
As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. Conciliation conferences were held on the 6th of December, 1996 and 7th of May, 1997. At the conciliation conference on the 7th of May, 1997 the Industrial Relations Officer (IRO) put forward proposals to the College which would provide a contracted period of 40 weeks' per annum for the part-time technical assistants with retrospection to the 1st of January, 1994.
The Union rejected the proposals. The dispute was referred to the Labour Court under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 16th December, 1997.
UNION'S ARGUMENTS:
3. 1. The Union is seeking implementation of any settlement with effect from the 27th of May, 1991.
2. It would be discriminatory to limit the claimants to four increments when colleagues in other grades in similar circumstances receive increments until they reach the maximum of the scale.
3. The part-time technical assistants should be contracted for 52 weeks. Anything less than 52 weeks would be at variance with pro-rata rights.
4. The claimants have no security of employment, their paid holiday leave is the legal statutory minimum and they have no sick leave or pension entitlements.
COMPANY'S ARGUMENTS:
4. 1. The claim should come within the parameters of Clause 2(iii) of the Programme for Competitiveness and Work (PCW).
2. The College cannot justify work for a full calendar year for the part-time technical assistants.
3. The current cost of employing the part-time technical assistants is approximately £80,000 per year based on a 30-34 week period. Agreement on a 40 week year will increase costs by a further £24,000/£35,000 per annum.
4. The proposals put forward by the Industrial Relations Officer at the conciliation conference held on the 7th of May, 1997 was accepted by the College as a means of resolving the dispute.
RECOMMENDATION:
It is clear that a significant amount of effort has been made to try to reach agreement on these issues.
The Court having considered carefully the written and oral submissions is satisfied that the College's proposal in relation to the 40 week year is not unreasonable given the work requirements in the College.
However, in an attempt to reach an agreement between the parties the Court recommends that the College proposal of July, 1997 (Appendix 1) be modified to read as follows:-
1. Employees covered are those who work at least eight hours per week and have one year reckonable service in the previous 4 years.
2. For the purpose of this agreement, reckonable service is defined as any week where a minimum of eight hours is involved.
3. Effective date of this agreement is 1st January, 1993.
4. The maximum number of increments is four.
5. Two increments to be granted from 1st January, 1993 for those part-time Technical Assistant staff who accumulated an aggregate equivalent to 1 year reckonable service within the previous 4 years.
6. Further increments will be payable up to the fifth point on the relevant scale, according as an additional 52 weeks reckonable service is achieved. Increments will be payable on 1st January each year to those who satisfy the criteria on that date.
7. The pro-rate agreement will apply to a composite period for part-time Technical Assistants of a 40 week year including annual leave, hours previously deemed to be additional time and CEER duties where appropriate.
Signed on behalf of the Labour Court
Finbarr Flood
30th January, 1998______________________
L.W./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.