FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT OF FINANCE - AND - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. Claim for increase in Annual Leave as per Circular 27/03
BACKGROUND:
2. Originally the claim only concerned approximately 100 Civilian Clerical grade members of ATGWU and SIPTU in the Department of Defence, who were seeking up to two extra days annual leave, one after 5 years and another after 10 years service. The group have a pay relationship with Clerical Officers in the Civil Service dating back to 1980, whose Union (CPSU) succeeded in getting the 2 extra days annual leave during the Sustaining Progress negotiations in 2003. However over time the number of employees that could be affected rose to approximately 1000 which prompted the Department of Finance to have concerns over the possible "knock-on" claims that could arise with other groups within various Departments. When asked the Unions were not in a position to give guarantees about ring-fencing any concession.
The dispute could not be resolved at local level and was the subject of a number of Conciliation Conferences under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 7th February 2007 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th July 2007.
UNION'S ARGUMENTS:
3. 1. The Civilian Clericals have a full pay link with Clerical Officer grade in Civil Service since 1980 and have the same flexitime arrangements and Sick Pay Scheme.
2. The Army and certain other grades in the Department of Defence were conceded the extra 2 days annual leave.
3. The Civilian Clericals work side by side with Civil Service Employees on a daily basis.
COMPANY'S ARGUMENTS:
4. 1. Civilians Clericals do have a pay relationship with Clerical Officers in the Civil Service but their Terms and Conditions which includes annual leave are not linked in any way.
2. This is a cost-increasing claim, therefore if conceded would conflict with the terms of "Towards 2016".
3. Any concession of this claim would likely lead to knock-on claims from other grades.
RECOMMENDATION:
The Court having considered the submissions made by the parties and in particular the employer's assertion that the claim made is a cost-increasing one within the terms of "Towards 2016".
The Court accepts that this is the situation and accordingly does not recommend concession of the claim
Signed on behalf of the Labour Court
Raymond McGee
16th July 2007______________________
JFRaymond McGee
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.