FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : MONAGHAN COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Annual leave entitlement.
BACKGROUND:
2. Clerks of Works / Building Inspectors employed by Monaghan County Council are analogous to Grade VI officers in the Clerical/ Administrative stream for pay purposes. Their annual leave allowance is 26 days. Other Grade VI officers receive 31 days annual leave.
Following a re-structuring agreement at national level two Clerks of Works/ Building Inspectors made representations to the Council with a view to having their annual leave entitlement increased. This was refused. The Union then wrote to the Council in this regard but no progress was made.
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 7th September, 2004, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 7th April, 2005.
UNION'S ARGUMENTS:
3. 1. The Clerks of Works/Building Inspectors are not only out of line with their analogous grade VI officers but are also inferior to lower grades in respect of their annual leave allowance.
2. All other analogous grades in the Council enjoy the same annual leave allowance as their Clerical/Administrative marker grades.
3. The Clerks of Works/Building Inspectors are not being treated fairly in comparison to their colleagues both with the Council and in other local authorities.
COUNCIL'S ARGUMENTS:
4. 1.Thereare numerous other grades employed across the local authority sector that enjoy a salary relationship with administrative grades, however they don't have the same annual leave entitlements.
2. The re-structuring agreement specifically related to a salary increase and did not confer an entitlement to other conditions of employment.
3. The claim is seeking to improve the conditions of employment of the two workers concerned and is therefore precluded under the terms of Sustaining Progress.
RECOMMENDATION:
The Union sought the annual leave entitlements applicable to Grade VI (31 days) for two Clerks of Works/Building Inspectors. A restructuring agreement was reached at national level in July 1999 whereby Clerks of Works/Building Inspectors salaries were increased to the same level as Senior Staff Grade VI officers. However, this agreement was silent on annual leave entitlements.
Having considered the views of the parties expressed in their oral and written submissions, the Court is of the view that in comparison to other grades in the Council, there is an anomaly in the annual leave entitlements of the two Clerks of Works/Building Inspectors involved in this claim. Therefore, on the understanding that the claimants provide cover for one another and that the leave does not disrupt the operation of the business, the Court recommends that their annual leave entitlement should be increased to 30 days per annum with effect from the 2005 annual leave year.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd April, 2005______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.