FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NATIONAL MUSEUM OF IRELAND - AND - CPSU DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Changes To Rostered Attendance.
BACKGROUND:
2. Arising from a Front of House Review of the National Museum, four main issues of dispute - Weekly half Hour, Monday Duties, Sunday Attendance and Night Time Security - Kildare Street - arose between the parties.
This 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 22nd May, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd July, 2009, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The Workers are amoung the lowest paid Public Sector workers.
2. The Union is seeking the full implementation of the Front of House Review as a single package as the recommendations are interlinked.
3.The current low pay of the Workers has to be increased, and the allowances and overtime payments incorporated in a way that protects and enhances earnings while introducing improvements to services.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer's pay allocation has been cut by €730,000 and the Front of House review identified many areas where savings could be made.
2. The current job description is outdated and differs from site to site.
3.The proposed changes will benefit visitors, staff and management.
RECOMMENDATION:
The Court notes that significant progress was made in negotiations between the parties at conciliation. However final agreement was not reached on all items. In respect of the outstanding points in issue the Court recommends as follows: -
(For ease of reference the Court is adopting the classification of issues set out at paragraphs 9-14 of the Union's submission)
Weekly Half Hour
The Court recommends that the interim arrangement agreed at the LRC be formalised on a permanent basis and the staff concerned be allowed an additional three days' time off in lieu, on a continuing basis, in lieu of overtime payments.
Monday Duties
The Court recommends that the interim arrangement agreed at the LRC be formalised on a permanent basis.
Sunday Attendance
The Court recommends that the interim arrangement agreed at the LRC be formalised on a permanent basis.
Night Time Security - Kildare Street
It is noted that the Union are prepared to put forward proposals to management whereby the service in issue can be delivered by directly employed staff at a significantly reduced cost. The Court recommends that the Union should develop and table its proposals and that a period of six weeks should be allowed for negotiations on those proposals.
Should it not be possible to reach agreement on the continuence of this service by directly employed staff the parties should negotiate on an appropriate buy-out package for affected staff.
Signed on behalf of the Labour Court
Kevin Duffy
13th July, 2009______________________
JMCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.