FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY COUNTY COUNCIL (REPRESENTED BY LGMA) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Ni Mhurchu |
1. 1. Access to Council's flexi time system - 2. Inclusion of time off-in-lieu in core time and 3. Attendance recording system
BACKGROUND:
2. The Council's professional officers (Engineers Surveyors etc.) have recently been required to clock in and out after the introduction of the Core Time & Attendance System. They have been refused access to the Council's flexi time and time off in lieu (TOIL) scheme although it is available to other grades of staff. Management consider that the status quo should continue until a National Agreement on the issues are accepted.
The 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 , 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 23rd October, 2013.
UNION'S ARGUMENTS:
3. 1. There is no objective reason why professional officers should be excluded. In fact of the existing 34 local Authorities 70% provide access to the flexi time scheme.
2. The agreement reached at Conciliation on the inclusion of TOIL in the Core Time & Attendance System is acceptable.
COUNCIL'S ARGUMENTS:
4. 1. This is a National issue that should be dealt with as part of a National Agreement to review terms of existing flexi time arrangements throughout all Local Authorities.
2. Exceptional attendance will continue as permitted heretofore within the context of the 1979 Engineer's Agreement.
RECOMMENDATION:
Having considered the submissions of both parties to the dispute, the Court finds that no substantive grounds such as would justify the exclusion of the Engineering Grades from access to the flexi time scheme in operation in the Council were opened to the Court in this case. Equally the Court finds that the Union’s interpretation of the “status quo” is more in keeping with the normal understanding of that term in industrial relations practice in the public sector. The Court notes that since this claim commenced four local authorities have conceded access to flexible working schemes to Engineering Grades.
Accordingly the Court finds merit in the Union’s claim and recommends that Engineering Grades be admitted to the flexi time scheme in a manner consistent with the provisions of the Haddington Road Agreement.
Exceptional Attendance
The Court recommends that recognition of exceptional attendance be dealt with as heretofore within the context of the 1979 Engineers Agreement as recommended at the LRC.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
27th November, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.