FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL COLLEGE OF ART & DESIGN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Mr Nash |
1. Eligible Part-Time Lecturer status.
BACKGROUND:
2. The claim before the Court today concerns a claim for Eligible Part-time Lecturer status (EPL Status) for two members of staff who are represented by the Union.
In April 1991 the Eligible Part-time Lecturer Agreement was jointly signed by the College and the Union.
The Agreement defines an EPL as (section 1.1) 'Eligible Part Time Lecturers are thosewho are fully qualified as for a permanent, wholetime and regular part time lecturers with some years service prior to 1st September 1987.'
Section 2.1 reads'Eligible part time lecturers whose reckonable timetabled lecturing hours are not less than half those assigned to their permanent wholetime colleagues will qualify for admission to the scheme.'
One of the Workers concerned, employed since 1979 missed qualifying for EPL status in 1991 when he worked 264 hours, short 6 hours to meet the qualification of 270 hours. Since 1992 he has worked in excess of the 270 annual hours on a number of occasions. The other Worker has been employed since the beginning of the 1990's and since 1992 has continually worked in excess of 270 hours annually.
The matter 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 14th May 2007, in accordance with Section 26(1) of the Industrial Relations Act, 19990. A Labour Court hearing took place on the 18th October, 2007.
UNION'S ARGUMENTS:
3. 1. The Union maintain that both the Workers concerned are entitled to EPL status since they both on numerous occasions worked at or over the threshold to qualify.
2. The Union contend that it is unreasonable of the Employer to withhold EPL status from the two Workers while at the same time there is a precedent for granting EPL status. The Employer granted EPL status to numerous individuals in 1991 and there is no good objective reason to treat the Workers concerned any less favourably than those members of staff whom the College granted EPL status to in 1991.
COMPANY'S ARGUMENTS:
4. 1. Since the implementation of the EPL Agreement in 1991 all subsequent appointments have been by the usual process of advertising, candidates completing application forms, short-listing and interviews by a panel which would include an external academic assessor.
2. The Workers concerned are employed as 'Part-time Teachers and Visiting Lecturers', they are paid for the hours worked during term weeks. Their role is different from the full academic role of an EPL who has ongoing responsibilities for programmes, course quality and course development on a continuous basis and they exercise pastoral care for students.
3. The College is seeking to agree a policy framework document with the Union on the employment of part-time lecturing staff. This policy would apply to both the Workers concerned in this case.
RECOMMENDATION:
Having considered the matter before it, it is the view of the Court that the case of the two Workers put by SIPTU should be considered in the course of, but parallel to, the discussions on part-time teachers ongoing at conciliation.
The Court so recommends.
Signed on behalf of the Labour Court
Raymond McGee
23rd October, 2007______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.