FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LOCAL AUTHORITIES (REPRESENTED BY LGMA) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Standardisation of working week.
BACKGROUND:
2. This dispute arose from the Employer's proposal to standardise the working week throughout local authorities. This dispute could not be 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 dispute was referred to the Labour Court on the 13th April, 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th April 2012 and 23rd August, 2012.
UNION'S ARGUMENTS:
3 1 There is no explicit provision in the Public Services Agreement to increase the working hours of local authority workers.
2 An increase in the working hours would constitute a reduction in pay rates.
3 Existing pay rates are explicitly protected by the terms of the Public Sector Agreement.
EMPLOYER'S ARGUMENTS:
4 1 The Public Sector Agreement expressly provides for the standardisation of terms and conditions of employment.
2 The majority of local authorities operate a standard 35 hour working week.
3. The standardisation of the working week across all local authorities will assist in maintaining services to the public.
RECOMMENDATION:
Background
The Court has carefully considered the submissions of both parties to this dispute.
The Court adjourned the original hearing as the parties had not completed the consultative process set out in the Public Service Agreement 2010 – 2014. At the resumed hearing it became clear that, despite the adjournment, some local authorities had not consulted with their staff in the manner set out in the Agreement.
The Court has commented on a number of occasions that the consultation procedures set out in the Public Service Agreement 2010 – 2014 are an integral part of the process of change and must be adhered to as a precondition for effecting change.
The Court acknowledges that the LGMA met its obligations under the Agreement.
In the recommendation below the Court has been compelled to allow additional time for Local Authorities to discharge their consultative obligations under the terms of the Public Service Agreement 2010 – 2014.
Current Working Week
The table below sets out the hours currently worked in each of the 16 affected local authorities:
| Local Authority | Working Hours |
| Cavan | 33:45 |
| Clare | 33:00 |
| DLR | 33:15 |
| Dublin City | 33:45 |
| Fingal | 33:15 |
| Galway City | 33:00 |
| Galway County | 32:55 |
| Leitrim | 34:45 |
| Limerick City | 34:10 |
| Limerick County | 33:00 |
| Longford | 34:45 |
| Meath | 33:00 |
| Roscommon | 34:45 |
| SDCC | 33:15 |
| Waterford City | 33:45 |
| Westmeath | 34:45 |
In summary therefore one council works 32 hours and 55 minutes, 4 work 33 hours, 3 work 33 hours and 15 minutes, 3 work 33 hours and 45 minutes, one works 34 hours and 10 minutes and 4 work 34 hours and 45 minutes. The other 18 local authorities work 35 hours per week.
Standardisation
Section 1.8 of the Public Service Agreement provides:
- “In order to help the integration of the Public Service, barriers to a unified Public Service labour market will be dismantled, including through legislative provision as appropriate. To the greatest extent possible, there will be standardised terms and conditions of employment across the Public Service, with the focus initially within sectors. In that context, the Parties have agreed to review and revise contractual or other arrangements or practices which generate inflexibility or restrict mobility.”
The National Implementation Body confirmed by letter dated 20thJune 2011 that the standardisation of hours in the Local Authority Sector “is comprehended by the Public Service Agreement”.
This Court is charged with responsibility for applying the provisions of the Public Services Agreement to the facts in any case before it. It has no authority to go beyond the terms of that agreement.
In this case 16 out of 34 local authorities work a variety of hours each week ranging between 32 hours 55 minutes and 34 hours and 45 minutes. The remaining 18 local authorities work 35 hours each week. However the biggest local authority in the country is included in the 16 local authorities that work less than 35 hours per week. In other words there is an even divide between those that work less than and those that work 35 hours per week. The Court also notes that outdoor staff in local authorities work 39 hours per week.
The Court is mindful that the Public Service Agreement addresses the standardisation of terms and conditions of employment in the context of removing “barriers to a unified Public Service labour market.” In this context the Court notes that the standard working week in the Civil Service is 34 hours and 45 minutes per week. There are currently no discussions taking place to change this arrangement.
The standard working week for all new employees in the relevant grades in the health sector is 35 hours per week. This arrangement was introduced when the HSE came into being. Staff members that were employed in the various constituent bodies that make up the HSE retain their historic hours on a personal to holder basis. This has given rise to a considerable variation in hours worked in that sector also. Nursing grades work 37.5 hours per week. Support grades work 39 hours per week.
No information was provided to the Court regarding the Non Commercial Semi State or Education sectors where pay and conditions of employment follow the Civil Service.
The LGMA submitted proposals to standardise the working week at 35 hours for management, clerical, administrative, professional and technical grades in local authorities. IMPACT proposed that current employees retain their existing hours, in line with the agreement concluded with employers in the Health Sector, and that a standard 35 hour week apply to new staff and to existing staff on promotion. IMPACT also submitted that the Public Service Agreement did not provide for an absolute increase in the hours of work of public servants and that any recommendation by the Court to do so would trigger an entitlement to compensation for the loss incurred.
Recommendation
The Public Service Agreement 2010 – 2014 envisages the standardisation of terms and conditions of employment across the public service. In this context the parties have agreed far reaching changes to annual and sick leave arrangements across the public service. The discussions leading up to those changes took place at national rather than at sectoral level.
In this case the Court is asked to recommend the standardisation of the hours of work for a group or workers in the local authority sector as though they could be dealt with in isolation. This is a most unsatisfactory way of proceeding. The rates of pay and terms and conditions of employment of this group reflect those of comparable grades in the Civil Service. No change in hours is proposed in that sector at this time. They currently work 34 hours and 45 minutes per week. Local authority employers are effectively asking the Court, as a prelude to the standardisation of hours of work in the public service generally, to introduce into the local authority sector a longer working week than that which applies in other areas of the public service. The Court has not had the benefit of any submissions from the employers or trade unions in those sectors. Indeed they are not parties to this case though they would inevitably be seriously affected by any recommendation the Court might make in this regard. The Court takes the view that such a decision would be an inappropriate intrusion into the affairs of those sectors.
Accordingly the Court has confined itself to dealing with the issue before it on an interim basis, in a way that does not prejudice any other group, pending the emergence of public service wide proposals on the establishment of a standard working week. The Court also notes that the majority of local authorities involved in this dispute do not intend extending their public opening hours should a standard 35 hour week be introduced.
In this context the Court recommends that the parties agree
- To retain the 35 hour working week in all local authorities in which and for all staff to whom it currently applies
- To maintain the current working hours of all full time staff that currently work more than 34 hours and less than 35 hours per week
- To increase the working hours of all other full time staff to 34 hours per week.
- To increase the working hours of part time and job sharing staff in line with the increase set out above
- Change the hours of work of all newly recruited and promoted staff in this sector to a standard 35 hour working week
The Court takes the view that both parties have failed to meet the strict consultation criteria set out in the Agreement regarding the introduction of change. Neither party should gain an advantage or benefit from its behaviour in this regard. Accordingly the Court, in full satisfaction of the Union’s claim for compensation for the increase in hours involved, and in order to allow time for local authorities to undertake the consultations they have in some cases failed to do to date, has set an implementation date of 1 March 2013 for the introduction of these changes.
The Court does not accept the argument advanced by IMPACT that there is no provision in the Public Service Agreement to extend, by way of standardisation, the hours of work of any current employees. The Agreement clearly provides for the standardisation of hours in the sector. The National Implementation Body has confirmed that this provision applies to the hours of work in the Local Authority Sector. The Agreement does not exclude current staff from this process. Accordingly current employees are committed to co-operate with the introduction of increased working hours that arise from the process of standardisation provided for in the Agreement.
The Court notes that particular difficulties will arise in a small number of local authorities that are due to merge in the near future. The Court recommends that the issue of working hours in those local authorities be addressed in direct discussions between the parties and failing agreement be referred back to the Court for a final determination in good time to allow them commence operation on standard terms and conditions of employment.
The Court reiterates that its mandate under the Agreement is confined to dealing with the standardisation of terms and conditions of employment within the parameters already agreed between the parties. Standardisation of hours across the public sector is a matter for the parties to address at national level. Any increase in hours outside of those terms falls to be dealt with between the parties at the end of the current Agreement. The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
7th September, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.