FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN BORD PLEANALA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Application of added years; Amendment to the superannuation scheme similar to that for the professional staff In the Civil Service.
BACKGROUND:
2. The Union has submitted a claim on behalf of inspectors (35) employed by An Bord Pleanala concerning their entitlement to full parity with Civil Service grades for pension purposes. The Union claims that the inspectors of An Bord Pleanala had a traditional linkage with the civil service in relation to pay and conditions of employment.
It claims that the new proposed scheme for professional added years as set out in circular 12/97 is not identical to the one currently enjoyed by professional staff in the Civil Service and wants circular 12/97 to apply to inspectors employed by an Bord Pleanala as and from the 1st of January, 1993.
The Union states that in one particular case an inspector sought a year's added service to be applied to his retirement gratuity and pension but was refused on eligibility grounds. The worker was a former civil servant who transferred to An Bord Pleanala.
The Board states that the worker concerned was given an assurance that he would not be brought to less beneficial terms and conditions of service than those to which he was subject immediately before his transfer to An Bord Pleanala on promotion. This assurance has been kept. The worker concerned has been given the benefit of the terms and conditions of employment that were applicable to him before his transfer (Public Service Circular 11/85 refers). The worker cannot claim that the amended scheme which was introduced into the Civil Service on the 19th March, 1997 should apply to him as he was not a civil servant on that date but had transferred to An Bord Pleanala in 1984.
As no agreement was possible between the parties, the dispute was referred to the Labour Relations Commission. Conciliation conferences were held on the 30th of May, 2000 and the 14th July, 2000 but no final agreement was reached. The dispute was referred to the Labour Court on the 19th July, 2000 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 19th of September, 2000.
UNION'S ARGUMENTS:
3. 1. The Union is seeking that the amendment to the 1985 scheme in the Civil Service be applied to inspectors in An Bord Pleanala.
2. Pay and conditions in the Civil Service are always automatically applied to the Non-Commercial Semi-State companies.
3. The Union represents all professional civil servants. The revised arrangements were negotiated in 1997 and at no time was it agreed to confine it to Civil Servants alone.
4. The cost of conceding the claim would be minimal.
MANAGEMENT'S ARGUMENTS:
4. 1. The worker concerned in this claim transferred to An Bord Pleanala in 1984. The amended scheme, which came in on the 19th March, 1997 cannot apply to him as he was not a civil servant at that time.
2. The worker's claim is premature and should wait until the Report of the Commission on Public Service Pensions is published.
3. The claim is debarred for the individual concerned in accordance with the footnote to Clause 4 of Partnership 2000 and also the footnote to Clause 8 of Framework 1 Annex 1 of the Programme for Prosperity and Fairness.
4. Management will seek to have civil service conditions of employment applicable to civil servants employed by An Bord Pleanala. It intends to pursue this matter with the relevant Government Departments on behalf of all its staff.
RECOMMENDATION:
This case on behalf of a worker refers to a claim for the benefit of added years under civil service circular 12/97 which provided for an improvement in the application of professional added years to civil servants. The worker in question was a former civil servant who transferred to the Board on terms no less favourable than he enjoyed when he was a civil servant.
The Court is satisfied that the commitment given to the worker on his transfer is preserved, thereby entitling him to benefit from the previous circular which dealt with added years, namely circular 11/85, as this was the benefit which was in existence at the date of his transfer. However, the Court is of the view that once an employee transfers he is no longer entitled to benefit automatically from enchanced or new changes applying to civil servants, which take place subsquent to the date of transfer.
The Court is of the view that only seconded employees from the civil service retain their right to benefit from the improved added years benefit as provided for under circular 12/97.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th October, 2000______________________
LW/SHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.