FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Re-hearing arising from Labour Court Recommendation No. 15717.
BACKGROUND:
2. The dispute concerns a claim by the Union on behalf of its members (52 library assistants) in relation to Clause 2 (iii) of the Programme for Competitiveness and Work (PCW). The dispute was the subject of a Labour Court investigation. At that hearing, the Library Staff Association, which represent about 28 library assistants, was also represented. In LCR15717, which was issued on the 28th November, 1997, 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 with certain reservations but was rejected by SIPTU. Despite further meetings at local level and the assistance of a facilitator no further progress could be made. It was agreed to refer the matter back to the Court for a definitive recommendation. A Court hearing was held on 1st May, 1998.
UNION'S ARGUMENTS:
3. 1. The members concerned will not accept the issue of permanent transfers.
2. The Union is seeking a substantial increase in promotions at Executive I and Executive II level.
3. Concession is also being sought in relation to extra holidays and the Saturdays of the October and St. Patrick's Holiday where it falls on a weekend.
4. The Union is seeking the introduction of an early retirement scheme.
COLLEGE'S ARGUMENTS:
4. 1. The Union's threat of industrial action is in breach of the Programme for Competitiveness and Work (PCW) and Partnership 2000.
2. The College employed the services of a facilitator as recommended by the Union to try and resolve the dispute.
3. Graduate recruitment remains an objective of the negotiations as set out in paragraph 6 (a) in Appendix 1 of the College's submission to the previous Court hearing.
4. The College has made a fair and reasonable revised offer which addresses many of the outstanding issues raised by the Union and should be accepted.
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.
It must be recorded that whilst at the original hearing both SIPTU and Library Staff Association jointly attended in this instance SIPTU refused to participate in a joint hearing. The Court regrets this lack of co-operation.
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./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.