LCR20022

SUBJECT:
1. Application of Shorter Working Year Scheme in Dun Laoghaire / Rathdown County Council


BACKGROUND:

2. This case concerns a dispute between Dun Laoghaire / Rathdown County Council (DLRCC) and the Union in relation to the application of the Shorter Working Year Scheme (SWYS). The Scheme replaced the Term Time Working Scheme which allowed parents of school going children to take time off work to coincide with their childrens school holidays. The SWYS applies to all staff irrespective of their personal circumstances and is not confined to school holiday periods.

The issue in dispute concerns the application of the new scheme in the DLRCC. Management has proposed that staff availing of the time off would use 20% as annual leave and 80% of the time as provided under the SWYS.

The Union's position is that the scheme should not require staff to supplement the SWYS by using a portion of annual leave. It further contends that by using annual leave as proposed, workers will be disadvantaged at other times when annual leave is needed.

The dispute was not resolved at local level and was the subject of a conciliation conference under the auspice of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 18th January, 2011.


UNION'S ARGUMENTS:

3 1 The Scheme is in place to assist employees manage their professional and personal responsibilities. It is unacceptable that the Scheme is altered in DLRCC to compel staff to use a portion of their annual leave and a reduced portion of the SWYS. This is not the intent of the scheme and it has not been implemented along those lines in other organisations.

2 Management contend that if annual leave is not combined into the Scheme it will affect the number of employees who can avail of the SWYS. This is an unacceptable stipulation which has resulted in certain employees not availing of the scheme.

MANAGEMENT'S ARGUMENTS:

4 1 Management are conscious of the needs of staff but must also effectively manage its other resources and business needs. If annual leave is not included as a portion of the scheme, management would be unable to approve all interested staff onto the scheme as staff would have excessive annual leave entitlements on return from the SWYS. This may have a negative effect on staff who wished to take annual leave but did not avail of the SWYS.

2 The Circular EL 09/09 does not preclude management from implementing this proposal, as the conditions of implementing the scheme are dependant on the needs of the organisation being met. In addition the unfilled vacancies and the current recruitment ban will place an unfair burden on those who do not avail of the scheme.

RECOMMENDATION:

The Court, having taken all of the written and oral submissions of both parties into account, does not recommend concession ofthe Union's claim.



Signed on behalf of the Labour Court



Brendan Hayes
12th April 2011______________________
AHDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.