FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BROTHERS OF CHARITY, RENMORE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Annual Leave (Increase)
BACKGROUND:
2. This case concerns a dispute between Brothers of Charity, Renmore (represented by IBEC) and SIPTU and IMPACT in relation to a claim for additional Annual Leave for Instructors/Supervisors employed at the Kilcornan Training Centre, Galway.
The Union's claim is based on the fact that the claimants are linked to Social Care Leaders employed by the Health Service Executive (HSE) and that additional annual leave granted to that grade in 2001 should now be applied to the Instructors/Supervisors employed by the Brothers of Charity.
Management's position is that the relationship between the two groups of staff related to pay only and that no relationship exists for the purposes of awarding Annual Leave entitlements. It further contends that the claim is cost increasing and precluded under the current 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 8th April, 2008 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23rd September, 2009 the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3 1 A long standing pay relationship exists between the Instructor/Supervisor Grade and the Social Care Leaders employed by the HSE. It is unacceptable that one group is awarded up to six extra days annual leave as part of an Agreement and that a comparable group is omitted from its provisions.
COMPANY'S ARGUMENTS:
4 1 The Instructors/Supervisor grades have 28 days Annual Leave in total. There are a basic 20 days leave as well as four privilege days and four days in lieu of church holidays. There is only a minimal difference between the annual leave entitlements of the two groups.
2 The Union's claim is cost increasing and precluded under National Wage Agreements. In addition, budgetry constraints on the service are likely to result in a significant drop in funding in future years. The Brothers of Charity and the wider Health Service cannot sustain the additional costs associated with such claims.
RECOMMENDATION:
Having considered the submissions of the parties, the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Raymond McGee
9th October 2009______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.