FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE CORK - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Advance payment of Sustaining Progress.
BACKGROUND:
2. Since the early 1980s, Security/Services Operatives (SSO) and Departmental Operatives (DO) have enjoyed a practice where SSO's receive National pay awards 4 months in advance of the normal due date in the College and DO's have a 6 month advantage. The College now want to normalise the pay dates for these groups in accordance with the prescribed dates in Sustaining Progress, i.e. January 2004 as per the Public Sector. There are 100 operatives involved in this claim.
The dispute could not be resolved at local negotiations and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the dispute was referred to the Labour Court on the 7th July, 2003 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th September, 2003.
UNION'S ARGUMENTS:
3.1 The status quo arrangements of being "early settlers" should be maintained. Sustaining Progress provides that agreement commenced from the cessation of the PPF. The employer argues that the pay increases should not be paid until the dates specified in the agreement. This would result in a 12 or 10 month pay pause to the respective grades.
2. The Union are prepared to discuss compensation for the regularisation of the payment provided it realistically reflects the loss going forward.
3. The employer offered €300 per worker to compensate for the extended pay pause. The offer is not adequate. Approximately €2,000 would be required to compensate for future loss.
UNIVERSITY'S ARGUMENTS:
4.1 The Department of Education & Science and Finance have indicated that sanction will not be forthcoming for payment of any future pay increases in advance of dates provided for in the relevant Public Service Pay Agreement, Sustaining Progress.
2. Sustaining Progress provides for pay increases to be calculated on the basis of "a pay pause of six months to be followed by:
- 3% from 1st January 2004
- 2% from 1st July 2004
- 2% from 1st December 2004"
4. The claim is precluded under Sustaining Progress.
5. The University does not have the resources to make such a payment having regard to its current budgetary situation.
RECOMMENDATION:
Having regard to the length of time over which the current arrangement has continued and the historic basis for its introduction, it is not unreasonable for the Union to insist on its retention.
The Court recommends that the current arrangements continue until an acceptable level of compensation for the proposed change to the standard Public Service commencement dates can be agreed. The parties should resume discussions on a compensatory package as soon as possible. In that regard it is the view of the Court that it is appropriate to calculate the loss arising from the proposed change on an incremental basis, as was claimed by the Union.
Signed on behalf of the Labour Court
Kevin Duffy
15th September, 2003______________________
JB/BGDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.