FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT OF EDUCATION AND SKILLS - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Payment for the Administration of State Examinations
BACKGROUND:
2. This case concerns a claim by the Union for payment on behalf of School Secretaries involved in administering State examinations. The Union contends that all other personnel involved receive additional daily payments and this should be paid to its members also. Management's position is that the staff in question are eligible to receive additional overtime payments or time off in lieu for carrying out work outside normal working hours relating to the State examinations but the Unions claim for additional daily payments is without merit and cannot be conceded.
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 17th December 2014 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 17th February 2015.
UNION'S ARGUMENT:
3 1 The School Secretaries who are involved in the administration of State examinations do not receive the appropriate financial recognition for their involvement in the running of the examinations. All other staff involved receive a daily payment for the duration of the examinations and the Union is seeking that these workers also receive the payments.
MANAGEMENT'S ARGUMENT:
4 1 The staff in question provide Clerical/ Administration support to the examination. All of the work is carried out within the normal working day. If there is a requirement to do additional hours, there is already a system in place for claiming overtime payments or time off in lieu.
RECOMMENDATION:
The issue before the Court concerns a claim by the Union on behalf of School Secretaries employed in post primary schools seeking payment for their involvement in the administration and running of State examinations. The Union submitted the claim for a payment over and above normal salary on the basis of the amount of work involved at State examination time by the School Secretaries and it submitted that all other categories involved in the examinations are paid an extra allowance or time off in lieu.
There was a dispute between the parties as to the scope of the Union’s claim concerning which types of Schools were covered by the claim.
Having considered the submissions of both parties the Court notes that the work of School Secretaries related to State examinations is primarily carried out within their normal working hours. The Court is satisfied that this work comes within the meaning of “normal on going change”.
Furthermore the Court is of the view that a claim for payment of this nature is clearly cost-increasing and is thus prohibited under the provisions of thePublic Service Stability Agreement 2013-2016 (Haddington Road Agreement)for those Secretaries in schools covered by the terms of that Agreement.
In response to the Union’s claim the Department issued a letter dated 26thJune 2014 which made it clear that both the Department and school management bodies (ACCS and JMB) have in place provisions for the payment of overtime payments or time off in lieu to School Secretaries who carry out additional work, including work related to the State examinations, in the event that they are required to attend outside of normal working hours. This letter also provided that where the Union raise particular issues in relation to individual cases, they will be examined with a view to resolving the issues raised.
The Court notes that while this letter was specific to ACCS and JMB school management bodies, the Department made it clear at the hearing before the Court that the provisions of the letter apply to all School Secretaries encompassed by the Union’s claim.
On that basis the Court recommends that the Department’s letter dated 26thJune 2014, as clarified by the Department, should be accepted in resolution to the Union’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
12th March 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.