LCR21008

FULL RECOMMENDATION

CD/15/149

RECOMMENDATIONNO.LCR21008

(CCC-147463-14)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

DUBLIN CITY COUNCIL

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION

DIVISION :

Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Ms Tanham

SUBJECT:
1. Hearing arising from LCR 20900.

BACKGROUND:

2. The case before the Court concerns a dispute between the Employer and the Unions in relation to outstanding issues arising from Labour Court Recommendation No. 20900, issued to the parties in December 2014. LCR 20900 recommended that the parties enter into a facilitated process with the main objective of attempting to resolve the issues surrounding the pay and terms and conditions of employment of the Workers concerned in this dispute. The parties entered into the facilitation process, which culminated in a proposal which was recommended for acceptance by all parties. The Union side however rejected the proposal following a ballot of its members. As the matter could not be progressed further between the parties, the dispute was referred back to the Labour Court for a definitive recommendation. A Labour Court hearing took place on 8th June, 2015. The following is the Recommendation of the Court:

RECOMMENDATION:

The Court notes the recommendations made by the agreed facilitator. It also notes that the recommendations, although rejected in a ballot of those concerned, were recommended for acceptance by both Unions.

However, the Court is satisfied that there are exceptional and compelling circumstances surrounding this case which justify some modification of the recommendations of the facilitator.

Accordingly, the Court recommends as follows: -

The recommendations, as made, relating to the 12 employees who can be accommodated with redeployment in positions that attract a time-plus-one-quarter shift premium and the 5 employees who are within ten years of retirement should be accepted
The recommendation in relation to the six remaining employees should be modified so as to provide that those employees be redeployed to roles normally attracting a time-plus-one-sixth shift premium but in the exceptional circumstances of this case, and on the strict understanding set out below, their current shift pay earnings should be preserved on a red-circled basis.

This recommendation is made having regard to the unique and exceptional circumstance of this case. The recommendation is made, as should be accepted by the parties, on the strict understanding that it has no precedent value whatsoever. The terms of this recommendation should not be quoted or relied upon to advance any other claim arising at any time in the future, or in any circumstances, by the Unions who are party to this claim or by any other trade unions.

Signed on behalf of the Labour Court

Kevin Duffy
8th June 2015______________________
SCChairman

NOTE

Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.