FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CARLOW COUNTY COUNCIL - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Non-Implementation of Flexi-Time Scheme
BACKGROUND:
2. This case concerns a dispute between Carlow County Council, SIPTU and IMPACT in relation to the introduction of Flexi-Time. The Union contends that a flexible hours of work system has been introduced but that the standard flexi time system of banking hours and taking that time off at a later date should now be introduced. Management contends that given the reduction in staff numbers it is not possible to introduce a flexi time system as this would have a negative affect on its ability to provide an adequate level of service to the public.
The dispute was not 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 matter was referred to the Labour Court on 5th August 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st October 2014.
UNIONS ARGUMENT:
3 1 Carlow County Council is one of the only local authorities not to have a flexi time system in place. It is not accepted that the introduction of such a scheme would negatively affect the level of service to the public as the hours will have already been worked previously and the leave in question will require prior approval by management. The Unions consider the proposals for a flexi time Scheme to be reasonable and are seeking that the Court recommend in favour of the claim.
MANAGEMENT'S ARGUMENT:
4 1 Management do not accept the need for a flexi time system. The introduction of such a scheme would greatly impact on the provision of service given the reductions in staff numbers and the additional absences that such as scheme would create. The flexible working system already in place could not be sustained if a flexi time system as sought by the Unions is introduced.
RECOMMENDATION:
Having carefully considered the submissions of both sides to this dispute the Court recommends that the parties engage with a view to agreeing within 12 weeks of the date of this recommendation, the terms of a flexi-time scheme to be introduced on 1 February 2015. The Court further recommends that any issues regarding the terms of the scheme that remain outstanding at the end of the 12 week period should be referred back to the Court for a definitive recommendation.
Signed on behalf of the Labour Court
Brendan Hayes
14th November 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.