FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH TIPPERARY COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Establishment of a Permanent Panel for Seasonal Workers
BACKGROUND:
2. The Union is seeking the establishment of a permanent seasonal panel for outdoor workers in the Council. Currently this category of workers is employed on fixed-term contracts for between six to nine months per year and they are required by the Council to re-apply for work on an annual basis. Occasionally workers can be on a panel for two years. The workers' service profile is 2-15 years. The Council's position is that the availability of work is totally dependent on the budgetary situation and the level of work being undertaken.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 29th June, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 3rd November, 2009, in Carlow.
UNION'S ARGUMENTS:
3. 1. Some of the worker concerned have been 15 years with the Council and they have a right to some expectancy of stability. With the current situation they are, in effect, applying for their own jobs.
2. The panels should be on an area basis as people are willing to travel reasonable distances. Appointments should be based on merit; some people have had as many as 15 interviews.
COUNCIL'S ARGUMENTS:
4. 1. The Council has agreed to set up panels on a biennial basis. It cannot guarantee seasonal work from one year to the next and cannot put in place a system which would give rise to an entitlement or an expectation which the Council would not be in a position to fulfil.
RECOMMENDATION:
Having considered the submissions of the parties the Court believes that those who accrue significant intermittent service should be entitled to a degree of security of tenure in the allocation of seasonal work.
The Court recommends that the parties enter into negotiations with a view to concluding an agreement enshrining the following principles: -
•Workers who have accrued an aggregate of 48 months casual / seasonal employment, where any two periods were not broken by a period in excess of 26 weeks, should be entitled to placement on the panel for an indefinite duration up to normal retirement age.
•Panels should be area based.
•Placement from the panel should be on the basis of seniority
•Where a person on a panel refuses to accept an appointment without good cause they should lose their place on the panel
•It should be understood that the provision of seasonal / casual employment will be entirely dependent on the finances and other exigencies of the Council
The parties should address such other issues as they consider necessary to ensure the smooth operation of system envisaged by this recommendation.
The arrangements put in place should be the subject of a joint review by the parties after they have been in operation for three years.
Signed on behalf of the Labour Court
Kevin Duffy
19th November, 2009______________________
CONChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.