FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE DUBLIN (REPRESENTED BY IBEC) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Pro-rata application of pay cuts.
BACKGROUND:
2. Small Group Teachers in the School of Business are paid on the basis of teaching modules. There are ongoing talks at Department of Education level on an appropriate Full Time Equivalent Comparator for pension purposes and no agreement on this issue has yet been reached. The Public Service Stability Agreement (PSSA) implemented pay cuts for Workers paid in excess of €65k per annum and the formula used by the University brought the Small Group Teachers into this earning bracket. The Union is seeking restoration of the pay cuts while a fair Full Time Equivalent Comparator is established.
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 by both parties to the Labour Court on the 14th August, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 2nd October, 2014.
UNION'S ARGUMENTS:
3 1. The Workers concerned are paid on a modular basis and therefore the application of Clause 2.24 of the Public Service Stability Agreement is not appropriate in this case.
2. The Workers are denied the terms and conditions of their full time lecturer colleagues yet are expected to suffer similar pay cuts.
COMPANY'S ARGUMENTS:
4. 1. It is well established that cost-increasing claims under the PSSA is prohibited. The formula used is both fair reasonable and consistent in the circumstances to all the staff.
RECOMMENDATION:
It appears to the Court that the relevant term of the Public Service Stability Agreement should be applied to this group of teachers in the same way as it is applied to those remunerated on a modular or equivalent basis in other third level institutions. It appears that this approach was not considered by the parties in their earlier engagement and there is no information before the Court as to how others in a comparable position are treated.
The Court recommends that the parties should now seek to identify similar or equivalent arrangements in other third level institutions and ascertain how the pay reduction provisions of the Agreement were applied in those cases. In light of the information obtained the parties should have further discussions with a view to reaching agreement on an arrangement that is no less favourable than that applicable to comparable situations in analogues employments.
Signed on behalf of the Labour Court
Kevin Duffy
10th November, 2014______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.