FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DEPARTMENT OF PUBLIC EXPENDITURE & REFORM - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Annual leave claim.
BACKGROUND:
2. This dispute concerns a claim for the alignment of General Operatives' leave with that of Craft Workers as provided in the Haddington Road Agreement. This 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 to the Labour Court on the 6th July, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 2nd September, 2015.
UNION'S ARGUMENTS:
3 1 The Workers have a traditional link with General Operatives in the Local Authorities and also with Craft Workers in their own sector.
2 The Employer is now attempting to break this link.
3 The current situation means that Craft Workers and General Operatives working alongside each other have different leave entitlements.
EMPLOYER'S ARGUMENTS:
4 1 This cost-increasing claim is precluded under the provisions of both the Public Service Agreement and the Haddington Road Agreement.
2 Concession of this claim would inevitably lead to similar claims across the Public Sector.
3. Without prejudice to the above arguments, the Employer is satisfied that this claim is without merit.
RECOMMENDATION:
The Court notes that the case comes before it under the terms of the Haddington Road Agreement.
Having given careful consideration to the submissions of both parties to this dispute the Court finds that the position advanced by the Department is not consistent with the agreement recorded in the minutes of the meeting of 19 December 2013.
Accordingly the Court recommends that the parties engage for the purpose of giving effect to the terms of that agreement from a date consistent with the terms of the Haddington Road Agreement.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
18th September, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.