FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Proposed removal of half-day flexi leave
BACKGROUND:
2. There are almost 1,900 staff in the Council on flexi-time. They are allowed to take one flexi day every four weeks, i.e. 13 days per annum, over and above annual leave. However, staff in Motor Tax (178) can take an additional half day flexi leave every four weeks. This arrangement has been in place for over 20 years and the reason was for manning the strong-room at lunchtime as at that time the Council did not open to the public at lunchtime. In 2001, as a result of Better Local Government (BLG), flexi time for all staff was enhanced in exchange for extended opening hours, including lunchtime, but staff in Motor Tax retained the additional half day every 4 weeks. The Council considers this an outmoded work practice and wishes to abolish it under the Croke Park Agreement (the practice was eliminated from 1st January, 2011, but the Union wishes to have it re-introduced).
The dispute was referred to the Labour Relations Commission (LRC) and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 24th May, 2011, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th August, 2011.
UNION'S ARGUMENTS:
3. 1. The removal of the half-day flexi-leave will not lead to any savings for the Council. All flexi-leave is at the discretion of the manager and must be approved in advance. There is no evidence that since its removal in January, 2011, there has been any improvement in efficiencies or flexibility in the operation of services which Motor Tax provides.
COUNCIL'S ARGUMENTS:
4. 1. The Council needs to reduce the cost of providing the Motor Tax service in the future. On average 45% of Motor Tax staff availed of taking the extra half day. This equates to 2.5 full-time employees which, based on average earnings, would amount to €107,000 per annum.
2. The Council's flexi policy states"Flexi days are not an entitlement"and"a maximum of one flexi day can be taken in any one period."The current situation treats Motor Tax staff more favourably than other Council staff and needs to be rectified.
RECOMMENDATION:
Findings of the Court:
Having carefully considered the submissions of both parties in this dispute the Court finds as follows: -
Both parties are committed to the full implementation of the terms of the Public Service Agreement (PSA).
Section 1.4 of that Agreement provides that“efficiencies will need to be maximised and productivity in the use of resources greatly increased, through revised work practices and other initiatives”
Section 5.16 provides that“Better management and standardisation of annual and sick leave and family friendly policies, including flexitime, will be necessary to manage continuity of service and peak demands and to effect pay bill savings”.
Section 5.18 provides for parties to the agreementto “maximise flexibility and service provision through a review of current working arrangements”
The Agreement further contains a procedure to be followed by the parties when identifying and implementing changes to terms and conditions of employment designed to make the cost of delivering public services less expensive and to make them more efficient and responsive to the needs of the public.
The Council gave notice of the proposed changes by way of an email sent to the Union on 5th November, 2010, for implementation in January, 2011.
The Court is satisfied that this notice was in accordance with the terms of the Agreement.
The Agreement provides for a consultation period of six weeks within which consultations on the proposed changes should take place. It further provides that consultation should be meaningful and effective and consist of more than a mere time-passing exercise. The Agreement further provides that should, within that period of time, the parties fail to agree on the changes proposed or on some modification thereto then either side may refer the issues to the Labour Court for recommendation. Both parties agree to accept the terms of the Recommendation as final and binding.
The parties could not reach agreement in the agreed timescale and, accordingly, referred the dispute to the Labour Court.
Recommendation
The Court is satisfied that both parties, through the PSA, are committed to introducing far-reaching changes in the manner in which public services are delivered with a view to reducing costs and improving efficiencies. Consistent with these objectives the Agreement makes express provision for the standardisation of terms and conditions of employment, including flexi-leave, in the Local Authority Sector. It also contains a detailed process for consulting on the changes proposed.
In this case the change proposed is to standardise flexi-leave within Dublin City Council.
The Court is required to make its recommendation pursuant to Section 68 of the Industrial Relations Act 1946.
Section 68 provides:
- 68.—(1) The Court, having investigated a trade dispute, shall make a recommendation setting forth its opinion on the merits of the dispute and the terms on which, in the public interest and with a view to promoting industrial peace, it should be settled, due regard being had to the fairness of the said terms to parties concerned, and the prospects of the said terms being acceptable to them.
Having considered the submissions of both parties the Court is satisfied that there is merit in the Council’s proposals, that they are consistent with the terms of the PSA and that the consultation procedures have been complied with in this case. The Court finds that no more compelling case has been made to continue the advantageous flexi-leave arrangements that apply to staff employed in the Motor Tax Office. Furthermore, the Court notes that the changes being pursued by management represent a significant financial saving to the Council whilst imposing no additional working hours nor diminution in terms and conditions of employment on the group affected. The totality of the change involves a limitation upon the flexibility to work up hours and to take the credited time as leave. The limitation proposed does no more than bring this department into line with all other staff in the Council. The Court accepts that such a proposal is fully encompassed by the commitment of the parties, set out in the PSA, to standardise flexi-leave.
Accordingly, the Court recommends that the Union accept the changes proposed as consistent with the terms of the PSA and a reasonable and measured implementation of the changes envisaged therein.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
29th August, 2011______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.