FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH FERRIES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Retention of leave
BACKGROUND:
2. The Union has submitted a claim on behalf of two of its members for retention of their old leave entitlement. The staff concerned transferred from the Company's conventional ferries to the new fast ferry service on the Jonathan Swift. The Union claims that its members will suffer a reduction of two weeks in their annual leave entitlement.
Management rejects the Union's claim and states that the transfer to the new service was on a voluntary basis and that no staff were transferred at the Company's request. It states that the Labour Court, in LCR 17116, has already dealt with the issue of annual leave retention. The Company will compensate staff for any reduction in annual leave.
As no agreement was possible between the parties the dispute was referred to the Conciliation Service of the Labour Relations Commission. A conciliation conference was held in April, 2002, but no agreement was reached. The dispute was referred to the Labour Court on the 24th September, 2002, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 5th December, 2002.
UNION'S ARGUMENTS:
3. 1.There is no agreement with the union which would allow the company to reduce existing crewmembers' rates of annual leave.
2. The members took up the new positions on the understanding that they would suffer no reduction in their annual leave.
3. The union has formally advised the company that it would give a written undertaking not to pursue an increase in leave for other members transferring from Conventional Ferries.
4. The union requests the Court to recommend that the leave be red circled for the claimants concerned in full and final settlement of the claim.
COMPANY'S ARGUMENTS:
4. 1. All transfers to the new service were on a voluntary basis. It was made clear that all staff would have different conditions of employment on the new ferry service.
2. All staff who transferred to the new service had the option of returning to their previous positions within the first six months.
3. It was made clear to all staff that any reduction in annual leave would be bought out at 1.75 times the loss so that all staff could go forward on the same terms and conditions.
4. The company operates in a very competitive market. It must keep costs down or it will lose out to its competitors.
5. Concession of the claim will lead to knock-on claims from other staff.
RECOMMENDATION:
Having considered the written and oral submissions made by the parties the Court recommends that the Union accepts the application of LCR17116 as improved on by the Company, in settlement of its claim.
Signed on behalf of the Labour Court
Finbarr Flood
12th December, 2002______________________
LW/LWChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.