FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BROTHERS OF CHARITY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - IRISH NURSES ORGANISATION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr. Somers |
1. Concession days.
BACKGROUND:
2. The Brothers of Charity provide a wide range of services for adults and children with learning disabilities at their facility at Bawnmore, Limerick. In the mid 1980's, the then Superior granted two concession days to nursing staff to enable them to attend religious ceremonies on Christmas Eve and Good Friday. In respect of each day, the staff claimed 11 hours or 11.5 hours depending on whether they worked day duty or night duty. In 1998, management decided to reduce the concession days to 7.8 hours for each day.
The dispute before the Court concerns a claim by the Unions for the retention of 11 hours or 11.5 hours per day for existing staff and 7.8 hours per day for new staff.
Management states that the concession days should have been taken on the same basis as annual leave which is 7.8 hours. Local discussions could not resolve the issue.
The dispute was the subject of four conciliation conferences held on the 22nd of February, 2000, on the 18th of April, 2000, on the 25th of July, 2000 and on the 4th of April, 2001. As agreement was not reached, the dispute was referred to the Labour Court on the 23rd of May, 2001 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st of October, 2001, the earliest date suitable to the parties.
UNIONS' ARGUMENTS:
3. 1. Management's decision to reduce the hours was made without discussion or agreement with the staff concerned.
2. The nursing staff concerned provide a service over and above their call of duty.
3. The existing staff should now retain the two concession days according to custom and practice backdated to 1999 and new staff should receive two days on the basis of 7.8 hours per day.
ORGANISATION'S ARGUMENTS:
4. 1. Concession days are an additional benefit over and above the annual leave entitlement. They can be withdrawn at the discretion of management.
2. At all times management has acted in a reasonable and constructive manner in an effort to resolve the issue.
3. The claim cannot be conceded as it would have serious cost implications and would result in consequential claims for the organisation.
RECOMMENDATION:
The Court has taken account of the extended period over which the conditioned working days were allowed at the working hours of the employees concerned. On that basis, the Court believes that it would be unfair to discontinue the practice in respect of those who commenced employment prior to the date on which the management's decision to fix the concession days at 7.8 hours was communicated. Accordingly, the Court recommends that the two concession days would continue to be paid at 11 hours (or 11.5 hours as the case may be) on a strictly personal to holder basis for those who enjoyed that arrangement prior to that date. All other staff in receipt of those days should receive 7.8 hours' leave in respect each day.
This recommendation is made having regard to the peculiar circumstances of this case, and is issued on the understanding that it will have no precedent value and will not be used or quoted to advance claims for any other group whether within this employment or otherwise.
Signed on behalf of the Labour Court
Kevin Duffy
15th November, 2001______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.