FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY CITY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Changes To Flexible Working Arrangements (Flexitime)
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 13 November 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 5 April 2016.
UNION'S ARGUMENTS:
3.1. The employer is unilaterally imposing alterations to the flexible working hours scheme which is in place since November 2002 without meaningful consultation or agreement with the staff or unions. The Union is seeking that the extension of the existing scheme to professional/technical staff should proceed.
2. Management were in breach of good industrial relations practice and collective agreements in relation to the lack of consultation prior to instituting change. The change would worsen the terms of the existing scheme for the workers.
3. Staff will be affected by the proposed changes in relation to childcare arrangements & costs, medical appointments, travel arrangements, and increased commuting time.
COMPANY'S ARGUMENTS:
4. 1. In February 2015 the employer agreed in principle to extend the terms of the FlexiTime scheme to incorporate the inclusion of Professional/Technical staff.
2. The employer proposed changes to the starting/finishing times and core hours. A memo issued to all staff setting out the changes and a 6 weeks consultation period was entered into where the employer invited feedback. Following this consultation period the employer made amendments to its proposals.
3. The changes reflect the needs of the employer in delivery of operational services, and will ensure a more effective deployment of resources whilst at the same time having no adverse impact on working hours, terms or conditions of employment.
RECOMMENDATION:
The Court notes that it is agreed between the parties that this dispute has come before it under the terms of theClause 5.1 of the Public Service Stability Agreement 2013-2016 (Haddington Road Agreement)and the Decision of the Court is binding on the parties.
The matter before the Court concerns the Council’s intention to adjust the Flexible Working Arrangements in accordance with Appendix 6 of theHaddington Road Agreement which provides that management has the responsibility and the right to actively manage flexible working arrangements in order to provide the required level of service to the public and to continue to contribute to economic recovery.
The scheme was originally set up in 2002, the terms of the scheme were agreed through the Workplace Partnership Committee, via a flexi-time Working Group comprised of management and staff. Clause 1.7 of the scheme provides:-“The scheme may be terminated or amended at any time following consultation between the relevant Trade Unions and Galway City Council.”
When the Council decided to extend Flexitime to include Professional/Technical and Administrative grades, it also sought to amend the core hours of the scheme for those grades already encompassed in the scheme in order to reflect the needs of the Council in delivery of operational services, particularly in the context of reduced staff resources.
The Unions objected to the proposed amended core hours and submitted that the changes would have a significant effect on staff both financially and in their family commitments. The Unions suggested that the scheme did not require change but better management.
Having considered the submissions of all parties, the Court recommends that in line with Clause 1.7 of the scheme, both sides should engage in meaningful, effective discussions to review the operation of the scheme, taking account of the provisions of Appendix 6 of the Haddington Road Agreement. These discussions should be completed by the end of May 2016. If there are any outstanding issues remaining on the completion of these discussions they may be referred back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
19 April 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.