FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : THURLES CREDIT UNION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Two Consecutive Days Off Each Week.
BACKGROUND:
2. Thurles Credit Union was established in 1961. Since 1977 it has been closed for business on Wednesdays and Sundays. The implications of this for full - time staff is that they are unable to have two consecutive days off. The staff first requested a change from Wednesday closing to Monday closing in 1995. The Board were not willing to consider Monday closing at this time. The staff joined the ATGWU in 1996 and a claim for Monday closure was submitted to the Board. An agreement could not be found and the matter was referred to the Labour Relations Commision for conciliation. A survey was to be carried out of the Credit Unions members over Monday closing but agreement could not be reached on who would carry out the survey. The survey was carried out in 1998 by a member of staff from the University of Limerick without the agreement of the ATGWU. In 1999 the issue of two consecutive days off became the subject of an official dispute. The Board were notified of industrial action which took place over a two week period starting on 13th December 1999. This dispute ended with a meeting between employees and management, with the intervention of a local T.D. Neither the ATGWU or IBEC were present at the meeting. An agreement was achieved and signed by the employees allowing them return to work. Part of the agreement read that employees would permanently drop the request for Monday closing. In 2005 discussions began between employees and the board in relation to a number of issues including two consecutive days off.
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 16th May, 2006 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 20th March, 2007.
UNION'S ARGUMENTS:
3. 1 Thurles Credit Union should develop a working week that is in line with the Irish norm, that is family friendly and takes into account the health and welfare of its staff.
2 Figures show a decline in transactions on a Monday and an increase in transactions on days towards the end of the week, particularly Thursday.
3. A workers life changes and progresses and can become more taxing through time. This requires an employer to become more flexible in working time arrangements and to embrace new ideas. For these reasons no agreement an employee signs can be deemed everlasting.
COMPANY'S ARGUMENTS:
4.1 The Credit Union has a legal obligation to plan and manage its business affairs in the best interests of its members. A change to Monday closure may annoy customers which could adversely affect the Credit Union due to growing competition. Other businesses in Thurles close on Wednesdays and not Mondays.
2Management of the Credit Union have shown considerable flexibility by organising extra cover and introducing job sharing to facilitate the needs of its staff.
3 In December 1999 an Agreement was reached making a number of concessions to staff and specifically stating that the issue of opening hours be permanently dropped. Employees also agreed to the opening hours of the Credit Union when they accepted the terms and conditions of employment.
RECOMMENDATION:
The Court notes the agreement made between the Credit Union and its staff in 1999 which appeared to provide that the claim now before the Court was to be permanently dropped. The Court also notes that in the negotiations leading to this arrangement the staff were not afforded representation by their Union which, at the time, was recognised by the employer for negotiation purposes. This, in the Court's view, must affect the weight which can be attached to the provision concerned. Moreover, no agreement can be immutable for all time and parties are entitled to seek renegotiation of previously accepted terms in changed circumstances.
The Court acknowledges the right of the Credit Union to determine the days and times of trading. However, account must also be taken of the needs of the staff to maintain a reasonable work life balance. Against that background the Court is not convinced that the exigencies of the business are such as to preclude the possibility of allowing staff two consecutive days off per week. Accordingly, the Court recommends that the parties should enter into immediate discussion with a view to putting the necessary arrangements in place so as to allow the Union's claim to be conceded
Signed on behalf of the Labour Court
3rd April 2007______________________
DNKevin Duffy
Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.