FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE DUBLIN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Annual leave entitlements.
BACKGROUND:
2. Trinity College employs a range of Library Staff of several different grades. The claim before the Court is for an increase in leave for approximately 102 Library Assistant and Executive grades. The claim was originally raised in the 1990's as part of discussions and issues raised under the PCW Agreement. Following a hearing in the LRC in November 2002 the College agreed to act as a "conduit" to progress the annual leave claim with the HEA. The Union presented the claim to College in 2003. In 2004 the College passed the claim onto the HEA and the Department of Education and Science. The Department's view was that the Union claim was contrary to the terms of Sustaining Progress. The claim was not conceded by the HEA/Department of Education.
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 13th August, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 18th November, 2004.
UNION'S ARGUMENTS:
3. 1.The Library staff holidays have been eroded in comparison with gains for other College grades mainly due to legislative change.
2. The Library staff holidays have not kept pace with marker grades as in the EO/HEO grade and the grades in FAS.
3. The claim is the final part of the PCW discussions between the Union and the College and is therefore not contrary to the terms of Sustaining Progress.
MANAGEMENT'S ARGUMENTS:
4. 1.The absolute level of leave for the claimant grades exceeds that of the Union's chosen comparator grades in the Civil Service.
2. The claim is cost-increasing and therefore precluded under the terms of Sustaining Progress.
3. Concession of this claim would open the way for further knock-on claims both inside and outside the College.
RECOMMENDATION:
The Court understands that the issue in dispute has been on the table for a long period of time. It was first raised in the early 1990's as part of a number of claims raised under PCW and the Union agreed to 'park' the claim pending the outcome of discussions between the College and the HEA on the claim.
In February 2003, on foot of an increase in annual leave granted to Higher Executive Officers (HEO) and Executive Officers (EO) in the Civil Service, the Union submitted a claim for an increase in annual leave for Library staff of 1 to 3 extra days for those with over 1 to 10 years service. This claim was submitted in order to keep pace with their marker grades i.e. the EO/HEO grades.
Having examined the annual leave entitlements for the Library staff in the College, the Court is satisfied that their current leave entitlement is greater than that which applies to the EO/HEO grades, and secondly, there is no evidence to support the contention that the pay linkage which applies between the Library staff and the EO/HEO grades extends to annual leave arrangements. Therefore, the Court does not recommend concession of the claim.
The Court is concerned at the length of time taken to process this claim and is of the view that this matter should have been dealt with more expeditiously by the College.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th November, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.