FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Restructuring of Academic Year
BACKGROUND:
2. This case concerns a dispute between SIPTU and Trinity College in relation to a claim for additional leave following a restructuring of the academic year. The parties had been in discussion in relation to restructuring the academic year and further change agendae required within the University. The Union contends that it had agreed both the changes to the academic year and the extended change agenda and should have the agreed 5 days additional leave granted to them. Management contend that the workers remain entitled to two additional days leave on the basis that the academic year has been restructured but that the additional three days originally tabled is no longer on offer as all of the group of Unions had to accept the addtional change proposals which did not happen.
The dispute was not resolved at local level and was the subject of a number of conciliation conferences under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 6th January 2011 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23rd March. 2011.
UNION'S ARGUMENTS:
3 1 The workers accepted the change proposals and should be granted the agreed addtional five days' annual leave. The two days additional annual leave is an inferior offer and not what the workers ballotted on and accepted.
2 The fact that the group of Unions (excluding SIPTU) did not accept the extended change agenda should not result in SIPTU members being denied the additional leave for its acceptance of the change required.
COMPANY'S ARGUMENTS:
4 1 Management could not implement the extended change agenda with out the agreement of the Group of Unions at the College. The two days' additional leave was provided to the workers on the basis of the changes to the academic year only.
2 Given the changes to the Industrial Relations climate, the passage of time and the introduction of the Public Service Agreement 2010-2014, management were no longer in a position to offer the additional 2 + 3 days leave that was initally tabled for further dicussion.
RECOMMENDATION:
The Court has carefully considered the extensive submissions of both parties in this case.
The Court is of the view that further intensive talks at the LRC to agree a comprehensive resolution of all issues in dispute would be of benefit in this case.
If, at the end of that engagement, the parties cannot reach a comprehensive agreement on all matters the parties may refer the outstanding issues back to the Court for a final recommendation.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
13th July 2011______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.