FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST - AND - CIVIL PUBLIC & SERVICES UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. End of Flexi-Time as part of Back-Office Modernisation.
BACKGROUND:
2. On the 9th February 2010 the Company presented the Union representatives with proposals to end flexi-time and abolish the staff officer grade. A Labour Court hearing took place in October 2010 and a recommendation was issued in relation to flexi-time. The parties were advised to engage in discussions under the auspices of the LRC in an attempt to agree changes that would be acceptable to the unions' members.
Several meetings took place under the auspices of the Labour Relations Commission and significant progress was made but final agreement could not be reached. The dispute was referred to the Labour Court on the 14th December, 2010, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 4th January 2011.
UNION'S ARGUMENTS:
3. 1. The Union is seeking an ongoing allowance of 16% for those who choose to transfer to the CCB to recognise the change from flexi-time to scheduled start times.
2. The Union maintains that in order to maintain flexibility throughout all areas, that all other grades represented by the Union will have their ability to work up flexi days increased from 10-19 in order to accommodate staff in fulfilling family and parental responsibilities.
3. The Union is seeking to have all the component parts of the Back Office modernisation in place before it negotiates further on the flexi agreement.
COMPANY'S ARGUMENTS:
4. 1. The Company maintains that there is no pay allowance of 16% elsewhere in An Post an that concession of such a pay rise would lead to crippling relativity claims. The Company has stated that itwill pay a Night Duty Allowance to those staff who are required to work prior to 8.00am.
2. The Company maintains that it has made significant changes to proposals which will facilitate continued flexitime and the potential to 'work up' 10 days annual flexi leave.The Company further maintains that it would be physically impossible for the Company to retain the NTMA contract and allow 19 days annual flexi leave.
RECOMMENDATION:
Having considered the submissions of the parties the Court recommends that the Company's proposals be accepted subject to the following modifications:-
That the Union's proposals on the allocation of early morning attendance be on a seniority basis be accepted.
That the work be organised so as to provide an opportunity for staff to work up to 10 flexi days per year.
That the proposals be confined in their application to the CCB and NTMA operations.
Signed on behalf of the Labour Court
Kevin Duffy
12th January, 2011______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.