FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL UNIVERSITY OF IRELAND GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Pierce Worker Member: Mr O'Neill |
1. Pension - added years.
BACKGROUND:
2. The Union's claim is for the provision of "added years" for pension purposes to be extended to the worker, a Chief Technician. The worker had joined the College in 1969 at age 31, which would leave him 6 years short of his full pension when he retires at age 65. He is basing his case on an amendment to a Statute of the College (Section 13, Chapter 11 of the Pension Scheme-Statute CLX1 (1982). The amended Statute-CCV11, Section 13(a) - reads as follows:
"For the purpose of computing the pension of the participant the Governing Body shall have the power to add to the number of actual years (including the fraction of a year) of pensionable service such number of years (including the fraction of a year) as the Governing Body in its absolute discretion may think fit; provided that the foregoing provision should be exercised by Governing Body only in the case of a participant mentioned in Statute CLX1 Chapter 11 Section 7 Sub Section (a) on who holds a post deemed by the Governing Body to be of professional, technical or specialist in nature and in respect of appointment to which qualifications and /or experience ordinarily required would not permit an appointment of a person less that 25 years of age"
The College rejects the claim as it believes that the amended Statute does not apply to the worker.
The case was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 25th of March, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st of August, 2002, in Galway, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3, 1. The worker holds a post of a "technical" nature i.e. Chief Technician, which is covered by the amended Statute. His post requires time spent acquiring qualifications and experience.
2. Chief Technicians in the National University of Ireland, Maynooth and Trinity Colleges enjoy the benefit of added years for pension purposes. The same should apply to the worker in this case.
COLLEGE'S ARGUMENTS:
4. 1. The added years provision is only applicable to academic posts and certain administrative grades at Administrative Office level and higher.
2. A technician can join the pension scheme at age 21 or 22, thus being in a position to accrue 40 years' service prior to 65 years.
3. A similar claim by the Union in 1996 was rejected by the Court in LCR15083. The Court recommended that the claim should be pursued at national level.
RECOMMENDATION:
As was stated by the Court in Recommendation LCR15083, there is an inequity between two groups of employees within the University regarding the granting of notional service. There is also an anomaly in the provisions regarding added years as they apply within NUIG and in other colleges. However, these anomalies cannot be addressed in a claim relating to one individual and should be addressed at the appropriate national forum.
In relation to the present case, it is clear that the reason why the claimant has less than full service is because he was employed elsewhere until 1969 when he commenced employment as a technician with the University. It is not a case where he lacked the qualifications for employment in that post before his actual commencement date. On this basis, the circumstances of the claimant are not analogous with those which give rise to the awarding of added years to staff covered by the relevant statute.
Accordingly, the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
Kevin Duffy
30th August, 2002______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.