FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CENTRAL BANK - AND - MANUFACTURING, SCIENCE, FINANCE DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Premium rates to apply on December privilege day
BACKGROUND:
2. The issue relates to 16 staff in the Central Bank that may be required to work on the December privilege day (27th December). At present, staff required to work on the privilege day are, in line with the Public Service, allowed a days annual leave in lieu. The Union claims that the privilege day should be treated as a public holiday and staff required to work that day should attract Public Holiday premium payments of double time plus a days leave in lieu.
The dispute could not be resolved at local level 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 19th May, 2003, in accordance with Section 26(1) of the Industrial Relations Act. 1990. A Labour Court hearing took place on the 19th August, 2003.
UNION'S ARGUMENTS:
3.1 The 27th December should be treated as a Bank holiday in the same manner as Good Friday. Notices published by the Irish Bankers Federation in the National newspapers describe 27th December as a bank holiday and therefore should be treated for the purposes of premium pay the same as other Bank Holidays.
2. An agreement ("TARGET") was reached under the auspices of the Labour Relation Commission in 1998/1999 during which the Union insisted that there would be no distinction between the treatment of Public and Bank Holidays. "Payment of Public Holiday working will be at double time plus a days leave in lieu". This clause was specifically written into the arrangements and were agreed between both parties.
3. After the introduction of "TARGET" staff claimed and were paid Public Holiday rates for 27th December 1999. Staff in some areas were paid Public Holiday rates for 27th December, 2000.
4. Staff claimed Public Holiday rates for 27th December 2000 in January 2002, which caused an incident resulting in monies being taken back from them. At the same time staff worked 27th December 2001 as a normal privilege day on the basis that the matter would be dealt with as soon as possible, that public holiday rates would be applied in retrospect.
BANK'S ARGUMENTS:
4.1 The privilege days are a long-standing arrangement in the Bank and Public Service, whereby staff get a day off or a days leave in lieu if there are requirements to work that day.
2. The Bank considers that there are no grounds for the Union's claim for increased compensation for working on the 27th December, privilege day. The Union's claim is cost increasing and is precluded under the current National Agreement Sustaining Progress.
3. Any change to compensation arrangements for working on the privilege day would have cost increasing consequences Bank wide and also across the public service generally.
4. Work on 27th December, 1999 and the days around that period had been compensated in an exceptional way in recognition of the Millennium arrangements.
5. Two staff who worked on 27th December, 2000 had received payment in error. The bank decided to take no action to recover that money as it was almost a year later that the error was discovered.
RECOMMENDATION:
The Court notes the comprehensive agreement agreed in 1998 between the parties, which states:-
- "There will be no differentiation between the treatment of Public and Bank Holidays. Payment for Public Holiday working will be at double time plus a day's leave in lieu".
Having considered all aspects of this claim the Court is satisfied that the 'privilege day' granted in December each year is not a Bank Holiday as envisaged by the 1998 comprehensive agreement and therefore the Court upholds the Bank's interpretation of that agreement. According, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th_September, 2003______________________
JB/Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.