FULL RECOMMENDATION
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: Mr Shanahan |
1. Proposal to end "Banking Hour"
BACKGROUND:
2. This case concerns a dispute between Dublin City Council and SIPTU and IMPACT in relation to a proposal to end "Banking Hour". The Union is seeking that the hour be retained on the basis that Bank Time was introduced as part of negotiations for the introduction of salary payment by Paypath. It further contends that as an established condition of employment it cannot be unilaterally withdrawn.
Management contends that the continuation of Bank Time is inappropriate given the extended opening hours of Banks and the wider availability of banking services. It further contends that it has been discontinued in many other public sector employments without the payment of compensation.
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 January 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 4th March 2015.
UNION'S ARGUMENT:
3 1 The workers do not accept that Bank Time can be unilaterally withdrawn by management. It was introduced at a time when Salary payments were to be made by Electronic Fund Transfer (EFT) instead of by traditional methods of payment and has now become an established condition of employment.
MANAGEMENT'S ARGUMENT:
4 1 The provision of Bank Time is unnecessary and inappropriate given the wide range of available banking services to clients. Bank time has been withdrawn throughout the Public Service and has been done so without the payment of compensation. In the circumstances Management is seeking that the Court support its position.
RECOMMENDATION:
It is clear that there have been significant and material changes in banking services and practices since bank time was first introduced. In these circumstances it is not unreasonable for the Council to seek the cessation of that concession.
All parties accept that the original intention was that bank time would be taken during working hours. Consequently, its elimination could not be fairly characterised as involving an extension of the working week for those affected by the proposal.
The Court accepts that there is no longer any justification for the continuance of this practice and it should be discontinued. The Court recommends that bank time should cease with effect from the first week in May 2015.
In the period up to that date the parties should engage in discussions in relation to preferred mode of restoring the working time involved, having regard to the imperative of maintaining a consistent approach. Discussions should also take place during this period on the particular difficulties that may be encountered by the small group of challenged employees to whom reference was made in the course of the hearing.
Signed on behalf of the Labour Court
Kevin Duffy
24th March 2015______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.