FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROYAL IRISH ACADEMY OF MUSIC (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Revised annual leave arrangements.
BACKGROUND:
2. This dispute concerns the implementation by the Royal Irish Academy of Music (RIAM) of a Circular from the Department of Education and Skills (DES) on (Revised Annual Leave Arrangements for Staff Employed by Universities and Colleges) which the Union contends does not apply to the RIAM and, if it does, it was in any event applied incorrectly.
- 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 8th June 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 25th September 2015.
UNION’S ARGUMENTS:
3. 1. In 2009 the RIAM sought to engage with the Union regarding the introduction of annualised hours for administrative staff. Prior to agreement being reached the RIAM sought the sanction of the DES which replied stating that “it is a matter for the Governors of the Academy to appoint staff and agree their terms and conditions of employment, including vacations. This Department has no role in the matter”.
2. In February 2014 Workers in the RIAM received an e-mail advising them that their leave was to be capped. It also set out the method of calculation of the compensation days and the specific dates on which compensation days were to be taken. In all other institutions where this cap was applied discussions took place regarding discretion.
3. Workers in the Sector covered by the Circular can access flexi-time and time-in-lieu as a means to ensure that any additional time worked is compensated for.
EMPLOYER'S ARGUMENTS:
4. 1. The RIAM is a public sector body and it operates under the direction of the DES. It is obliged to adhere to the requirements of the Public Service Agreement and the requirements of its funder. This includes the application of the Circular in line with the Labour Court’s previous Recommendation LCR20679.
2. The RIAM is obliged to apply the Circular and to achieve the harmonisation envisaged. In relation to the method by which the Circular was applied, the RIAM adhered to its own established practice.
3. It is the practice that Management decides on the dates of closing and reopening and that annual leave periods are then notified to staff.
RECOMMENDATION:
It is clear that those associated with this claim are aligned for the purposes of pay and some conditions of employment with corresponding grades in the Education Sector. They are, therefore, encompassed by the outcome of negotiations between the State as an employer and the Public Service Unions affiliated to the Public Services Committee of ICTU.
The Circular in issue in this case sets out the terms of an agreement concluded between Public Service Management and the Public Services Committee of ICTU. In these circumstances it is not unreasonable that the terms of this Circular be applied to those associated with this claim.
The Court recommends that the position in that regard be accepted.
It is noted that workers in corresponding grades in comparable employments have access to time-off-in-lieu of overtime and to flexi-time. There is no good reason in principle as to why similar arrangements should not apply to the staff of the RIAM. The Court recommends that negotiations should now take place between the parties on the introduction of such arrangements.
Having regard to all the circumstances of this case the Court does not recommend any change in the established arrangements in the times at which annual leave is allocated.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
29th September, 2015.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.