FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL CONCERT HALL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Non payment of Public Service Benchmarking. 2. Clocking in compensation.
BACKGROUND:
2. The dispute concerns the non payment of the Public Service Benchmarking awards to three full time box office staff employed in the National Concert Hall. The specific issue relates to the requirements of Management in relation to the flexibility modernisation and efficient use of resources agenda as set out in the Sustaining Progress Agreement and Benchmarking. The claimants have received the first 25% due under Benchmarking in Sustaining Progress (SP) Phase 1 but have not received the remaining 75% of Benchmarking nor any of the general pay increases awarded during the lifetime SP Phase1. The Company is seeking the cooperation of the claimants with a number of changes which have been discussed at local level negotiations in return for payment of the increases due. The majority of issues in dispute have been agreed. The two remaining issues outstanding are as follows;
Box office staff to undertake out bound calls as part of sales promotions.
Union's claim for compensation for the loss of 30 minutes pay per day grace period at the start and finish of each shift, due to Management's decision to relocate the clocking machine to Hatch Street .
The dispute was referred to the Labour Relations Commission. A conciliation conference was held but agreement was not reached. The dispute was referred to the Labour Court on the 25th January, 2005 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 12th May, 2005.
UNION'S ARGUMENTS:
3. 1.Outbound calls.This task is one which is completely outside the norm for a box office clerk whose job is to accept incoming calls and attend to customers wishing to purchase tickets. The job of 'cold calling' sales calls is a very difficult one requiring very particular skills and personality. It is not a reasonable task to ask them to undertake such a dramatic change to a job at which they are highly skilled.
2. The claimants have already agreed to the majority of the changes proposed by Management and this should be sufficient to merit the payment of the terms of Sustaining Progress and the outstanding 75% of the Benchmarking award. Management's refusal to compromise in any way is incomprehensible to the Union.
3. There are obvious industrial relations difficulties existing which should, in the Union's opinion, be addressed with the assistance of the Advisory Service of the Labour Relations Commission.
4.Compensation. The Union believes that its claim for six months compensation is extremely reasonable, the Company's offer of four months is unacceptable.
COMPANY'S ARGUMENTS:
4. 1.Outbound calls. All other staff in the NCH have agreed to changes under Benchmrking and Sustaining Progress in recognition of the changing needs of the business and the large increases forthcoming under the agreements.
2. The tasks requested of the claimants are crucial to allow the Company to remain competitive in an increasingly demanding marketplace. As regards the making of outbound calls, the claimants have the time, resources and experience to carry out the tasks. They have all interacted with customers over the telephone for years. They have had to deal with difficult customers and would receive full training in the role and were promised a review of the functions after a certain period
3. The part-time box office call staff have been carrying out this task without difficulty for over a year.
4. The claimants will only be interacting with existing National Concert Hall customers rather than 'cold calling' per se.
5. Management does not accept that the assistance of the Advisory Service is required.
6.Compensation.The Company is prepared to offer compensation in the amount of 4 months worth of the current grace period of 30 minutes per normal working day. Payment would be based on each individual's current hourly rate. In return all box office staff would use the clocking in machine in Hatch Street and the grace period of 15 minutes currently afforded to staff at the beginning and the end of each shift would no longer apply.
RECOMMENDATION:
The Court has considered the submissions of the parties in this case. It is noted that the matters in dispute arise from a proposed action plan drafted by management to give effect to the requirements for flexibility and modernisation prescribed by section 19 of the Public sector Pay Agreement associated with Sustaining Progress.
The unions have agreed to four of the five items of change sought by management. However, agreement has not been obtained on the management's requirement for staff to undertake a sales promotion function involving the making of unsolicited outbound sales calls.
In the Court's view the requirement of management for staff to undertake this new role is not unreasonable when viewed in isolation. However, it appears to the Court that there are serious issues relating to the relationships between the staff concerned and the management which is inhibiting final agreement on this point. The Court is of the view that this underlying issue must be addressed and resolved before there can be any realistic possibility of achieving the level of cooperation and flexibility necessary to successfully introduce the changes sought.
Notwithstanding its belief that the outstanding requirement of management is not unreasonable, the Court is of the view that, having regard to what has already been agreed, the outstanding increases under SP and Benchmarking should now be paid with effect from the due date on the following basis:-
1. The parties should invite the Advisory Service of the Labour Relations Commission to examine the quality of the working relationship between the box office staff and management and to advise on appropriate problem solving arrangements based on partnership.
2. The Union should agree in principle to undertake the additional sales promotional duties on the basis proposed. Any issues relating to the implementation of these new duties should be discussed and agreed in this process.
3. The parties should seek to have this process completed within three months of the date of acceptance of this recommendation.
4. At the end of this process the new outcall duties should be undertaken .
If agreement is not reached the matters should be referred back to the Court for final adjudication.
Re-Location of Clocking Machine.
The Court recommends that the management's offer be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
20th May 2005______________________
TODChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.