FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL GALLERY OF IRELAND - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Application of agreement arising from LCR17612.
BACKGROUND:
2. Following a lengthy conciliation process in the Labour Relations Commission management of the National Gallery put forward a re-structuring proposal which was eventually referred to the Labour Court on the 18th September, 2003. As part of that recommendation the Union were to accept the Gallery's proposed re-structuring plan and the parties were to discuss the implementation of the plan in the Labour Relations Commission.
No agreement could be reached on the issues of a) manning levels in overtime, b) long service credit awards and c) the biometric clocking system. The dispute was referred to the Labour Court on the 27th of May, 2004, having regard to Paragraph 19.9 of Sustaining Progress and in accordance with Section 20(2) of the Industrial Relations Act, 1969, and with the parties accepting the outcome. A Labour Court hearing took place on the 26th of July, 2004.
UNION'S ARGUMENTS:
3. 1. While the Union agreed to the abolition of minimum manning levels at no time did it agree to the fact that overtime proper to their members would be outsourced to a private security company.
2. It is the Union's position that all attendants, including those on long service increments (LSI's), should receive an incremental credit.
3. The Union believe that the use of the biometric clocking system is an infringement of civil liberties. More information is needed on this system.
COMPANY'S ARGUMENTS:
4. 1. The Union agreed to the abolition of minimum manning levels. Staff are still required to do overtime for functions based on operational needs.
2. The incremental credit has been applied to all staff on LSI's. A group of 5 staff who had an incremental date of 1st January 2003 did not gain from this but neither did they lose out. They will receive the increment after one year.
3. Employees must register with the biometric reader in order to facilitate the operation of the dual clocking system which otherwise becomes inoperable.
RECOMMENDATION:
The Court has considered the submissions of both parties and recommends as follows:
1. Minimum Manning Levels:
The Agreement arrived at between the parties clearly abolished previous minimum manning levels and which states "All minimum manning levels which currently apply under any existing agreements or arrangements will no longer apply". In relation to overtime requirements necessitated for special events or functions, the level and extent of this clearly has to be determined by management bearing in mind the nature of the event and the most appropriate staffing level for same. In their approach to this, Management should also ensure reasonable access to, and a fair sharing of overtime amongst the attendant staff, when their attendance is deemed necessary. At no stage should Management or Development staff or contracted security act beyond the scope of their role or contract.
2. Incremental Credit to those on Long Service Increments:
In all the circumstances Management's proposal relative to the long service credits is fair and reasonable.
The practical application of the agreement between the parties is that the incremental credit date of all employees will be moved to 1st January of the year in which it would otherwise occur. This will produce a greater or lesser benefit to employees depending on the point during the year in which their anniversary date occurs. The effect of the Union's claim, if conceded, would be to transfer the incremental credit date, to 1st January of the previous year in the case of those associated with this aspect of the claim. They would thus be treated differently to all other employees whose incremental credit date can only be transferred to the 1st January of a current year. The Court does not believe that special treatment of this nature could be justified.
3. Biometric Clocking System:
The Agreement clearly recognised the operation by the parties of a dual clocking system going forward. To give affect to this, staff have to be enrolled in each system as a prerequisite, such personal information or detail as may be required to accomplish this should accord with the Data Protection Acts 1988/2003.
Signed on behalf of the Labour Court
Kevin Duffy
3rd August, 2004______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.