FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE-EA - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Refusal of HSE to grant "Added Years" to Maintenance Managers, Maintenance Supervisors and Clerks of Works.
BACKGROUND:
2. A review of the pay scale and conditions of employment of grades V / VII took place and was completed in 2001. An anomaly was identified by the HSE Dublin Mid-Leinster region which questioned the validity of applying "Professional Added Year's" to the grade of Maintenance Managers who had inferior superannuation arrangements. The scheme provides for a grant of up to 10 added years' where a Worker could not reach the maximum 40 years' reckonable service by age 65. The Union are seeking to have this entitlement extended to the staff within these grades.
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 4th March, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 11th March, 2009.
UNION'S ARGUMENTS:
3. 1. The Agreement which came into effect on 1st January 2001 led to clarifications being sought by the Union, which finally culminated in a meeting on 1st March 2005 at which the parties agreed that Maintenance Managers qualified for "added year's" for superannuation purposes.
2. During March 2006 this agreement was questioned by the Employee Relations Department of HSE Dublin Mid-Leinster which stated that the posts did not qualify as the post-holder does not require a professional qualification.
3. It is unacceptable that having discussed, consulted and entered into an agreement that the Employer can unilaterally withdraw from an agreement that was negotiated and agreed at national level.
COMPANY'S ARGUMENTS:
4. 1. A very specific list of grades who can benefit from the application of "professional added year's" under the Superannuation Act of 1926 exists and the grade of Maintenance Officer / Manager is not included.
2. Under the terms of the Local Government Superannuation Scheme the Claimants are not and cannot be included as per Circular Letter 03/2005.
RECOMMENDATION:
The matter before the Court concerns the Union’s claim for the application of “Added Year's” to Maintenance Managers.
Management accepted that by letter dated 15th November 2005, it directed Human Resources to apply “Professional Added Year's” to the newly regraded Maintenance Managers, Grades V and VII. However, it subsequently discovered that this was an error and sought to rectify the situation, thereby giving rise to the Union’s claim.
Having given careful consideration to the oral and written submissions made by both parties, the Court notes that while Maintenance Managers are not specifically mentioned in the list of grades to which the benefit applies, the conditions relating to the application of “Professional Added Year's” are specified in Circulars 3/2005 and 8/2005.
Circular 8/2005 states as paragraph 5
- “Applications for added years will be dealt with by reference to the requirement of the particular competition from which an employee is recruited and not by reference to the individual circumstances of the employee.”
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th April, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.