FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE DUBLIN - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Claim For Transfer To New Premises
BACKGROUND:
2. This case concerns a dispute between UCD and SIPTU in relation to a claim for an additional four days annual leave for staff of the School of Further Education and Life Long Learning whose offices were relocated within the UCD Belfield Campus from the Newtown Building to the Roebuck Building.
The Union's claim is for the additional annual leave on the basis of the additional work involved in the relocation and the co-operation of the staff involved.
The Union further contends that the move took place during September, which is the busiest time of the year for all staff.
Management's position is that the new location has much better facilities and is a much better working environment for all staff. It also contends that the relocation can be classed as "normal ongoing change" as provided for in the National Wage Agreement Towards 2016.
The dispute was not 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 matter was referred to the Labour Court on 27th March 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 10th June, 2009.
UNION'S ARGUMENTS:
3 1 The staff in question were put to considerable inconvenience in relation to the move from one building to another at their busiest time of the year.
2 Staff in other Departments within UCD were compensated for relocations in the past. It is unacceptable that the staff involved in this claim are treated less favourably.
COMPANY'S ARGUMENTS:
4 1 The relocation was within the same Campus. The staff moved within the Belfield campus from the Newtown Building to the Roebuck Building. It was planned to take place in June but unexpected delays with the new location had meant that it did not take place until September. The previous relocations were from areas outside of the campus and compensation was provided on the basis of the permanent relocation and the extra distance involved.
2 The relocation of the School of Further Education and Life Long Learning can be classified as "normal ongoing change" under the Towards 2016 National Wage Agreement and, therefore, it is not appropriate to apply additional annual leave to the staff involved.
RECOMMENDATION:
Having considered the submissions of the parties, the Court does not recomend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
1st July 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.