FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE - AND - LIBRARY STAFF ASSOCIATION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Re-hearing arising from Labour Court Recommendation No. LCR15717.
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of its members (34 library assistants) in relation to Clause 2 (iii) of the Programme for Competitiveness and Work (P.C.W.). In 1997, the dispute was the subject of a Labour Court investigation. On the 28th of November, 1997, LCR15717 issued wherein the Court recommended as follows:-
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".
The recommendation was accepted by the Library Staff Association subject to certain amendments. However, despite the assistance of a facilitator a number of issues, such as, Saturday Allowance, Promotions, Differentials and an Increase in Pay remained unresolved and it was agreed to refer the matter back to the Labour Court for a definitive recommendation. A Court hearing was held on the 1st May, 1998.
ASSOCIATION'S ARGUMENTS:
3. 1. The Association is seeking a 3% across the board increase exclusive of the 1% already given.
2. With regard to the Saturday allowance the Association believe that the fixed point of the scale which has operated for twenty years should be moved to the maximum point of the Executive 1 grade.
3. The Association is looking for 14 promotions at Executive 1 level and is also seeking that the grades of Executive 2 and 3 be amalgamated.
4. All staff working in the library should receive the same holiday entitlements.
COLLEGE'S ARGUMENTS:
4. 1. The College has made a fair and reasonable offer which should be accepted.
2. There is a limit to what the College is able, or is prepared to offer in return for the flexibility and re-structuring required.
3. The College agreed to the employment of a facilitator (at the College's expense) in the expectation that it would resolve the dispute.
4. Despite the constraints imposed on the College by the public sector pay policy, it managed to contract a revised offer, which was intended to address the outstanding issues relating to pay and conditions of service, in line with LCR15717.
RECOMMENDATION:
Arising from LCR No. 15717 this dispute was referred back to the Court the parties having failed to resolve outstanding matters at local negotiations. The Court heard further submissions from both parties at a hearing on 1st May, 1998.
In LCR No. 15715 the Court made a recommendation with regard to implementation of transfers. The Court is aware that SIPTU members have rejected this recommendation. The Court is satisfied that the proposal is fair and in accordance with normal industrial relations practice and accordingly again urges the Union to re-consider its position.
With regard to the other claims made the Court recommends as follows:-
The College's offer of 15/4/1998 at a meeting attended by the facilitator as set out in para 11 of the Submission to the Court be amended as follows:-
(i) Effective dates for increase - 1% wef 01/04/'94:
1.5% wef 01/10/95 or 0.5% wef 1/10/96
(iv) Executive - 1 posts - Nos increased to 12
[Executive 2 - Note that these have been increased to 14]
The Court is of the view that the above alterations to the College's offer and position as stated in their submissions of the 1st May, present a reasonable package and should be accepted.
Items outstanding such as Nos of Library Assistants, Graduate recruitment; early retirement all remain to be addressed at local level.
Signed on behalf of the Labour Court
Evelyn Owens
23rd June, 1998______________________
L.W./U.S.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.