FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : THE CENTRAL BANK - AND - AMICUS DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Claim for additional Annual Leave
BACKGROUND:
2. The claim before the Court is for additional leave allowances for professional grades employed by the Bank in line with current leave allowances in the public service. In March 2005 the Union made a formal claim for an increase in annual leave allowance for professional/administrative grades. The Bank put forward a resolution whereby the Union's claim would be assessed in detail within the Bank's Benchmarking Exercise. The Union contend that this matter is outside the brief of the Benchmarking Internal Exercise to be undertaken, as the previous Benchmarking exercise only addressed the question of pay.
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 1st March, 2007, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 21 June, 2007.
UNION'S ARGUMENTS:
3. 1 The Current leave entitlements for professional grades are well below the comparable grades in those of public service.
2 As the Company use the same general principles that apply in the public service, it is not unreasonable for the Union's members to expect the same parity of esteem when it comes to holiday entitlements and other employment rights
BANK'S ARGUMENTS:
4. 1 The Bank is statutorily independent in relation to the manner in which it implements and operates the terms and conditions of employment of its entire staff. The Bank considers that significant and continuing financial costs would accrue for the organisation in introducing additional leave for professional grades. If the claim is successful, the Bank expects that consequential claims from other grades would arise.
2 Professional staff can currently work up flexi leave of up to 14 days per annum and receive two Privilege Days. Providing additional annual leave would further increase the difficulties which the Bank experiences on occasion in covering some jobs while staff are on leave. It is the Bank's view that the Union's Claim should be assessed in this benchmarking forum in an objective and detailed manner.
RECOMMENDATION:
The Court has considered the arguments made by the parties in this case. It is the Recommendation of the Court that the claim as made should properly be dealt with in the contest of the Pay Benchmarking exercise which has now begun within the Bank.
Should the matter not be resolved through this process, the matter may be referred back to the Court for reconsideration.
Signed on behalf of the Labour Court
Raymond McGee
31st July, 2007______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.