FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ROSCOMMON COUNTY COUNCIL (REPRESENTED BY LGMA) - AND - IMPACT TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Worksharing 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 30 June 2016, in accordance with section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 18 August 2016.
UNION’S ARGUMENTS:
3. 1. The Union is seeking a meaningful adjustment to the Flexi Bandwidth times in order to bring the employer in line with the majority of other County Council’s throughout the Country.
2. Management are seeking to make unilateral changes to the work sharing scheme by abolishing all 17 patterns that were outside of the national scheme. The Union request that the work sharing arrangements be phased out over a sustainable period of time in order to allow staff the opportunity to put in place other appropriate arrangements.
3. The Union is also seeking that a mechanism be put in place to address exceptional cases that may arise in staff members lives in relation to their health or other exceptional circumstances. These exceptional circumstances could be facilitated on an ad-hoc basis.
EMPLOYER'S ARGUMENTS:
4. 1. Management are seeking an adjustment to the Flexi Bandwidth times which does not materially affect the capacity to accrue time vis-�-vis the existing arrangements.
2. The main purpose of the flexi time scheme is to provide employees with more flexible attendance at work and to deliver an effective and efficient service to the public.
3. As many as seventeen variations of work sharing options have developed over time and management are seeking to reduce the number of options in line with the agreed national worksharing arrangements.
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.
There are two matters before the Court :-
- (i)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;
(ii)the Council’s intentions to regularise Worksharing Arrangements to bring them in line with the national scheme which was introduced to all local authorities in January 2003. It referred to Clause 3.15 of the Haddington Road Agreement which provided management with the discretion to alter, reduce and/or standardise the arrangements.
- (i)Flexible Working Arrangements
In order to attain the efficiencies required as set out in theHaddington Road Agreement, the Council proposed to increase opening hours to include lunchtime opening. Flexitime is currently available to Grades III, IV and V only. The Council planned to extend flexitime to Grades VI and VII (and analogous grades) without the capacity to build up flexi leave.
The Union sought to extend the Flexible Bandwidth times and submitted that it was important for staff to be able to commence their flexitime at 8.30am and to allow for an extension of it up to 6.30 pm, in line with other local authorities. The Union was prepared to accept that lunchtime would be open for business.
The Court notes that the Flexitime Scheme provides that the decision on working outside of contracted hours is a matter determined by business needs as decided by Line Management.
Current Arrangements:
| Opening Times 9.30am – 5.30pm Monday -Thursday 9.30am – 5.15pm Fridays Closed for Lunch 1.00pm – 2.00pm | Flexible Bandwidth Start Time 9.00am Finish Time 6.00pm |
Management Proposals:
| Opening Times 9.15am – 5.30pm Monday – Friday Open for Lunch | Flexible Bandwidth Start Time 9.00am Finish Time 6.00pm |
Union’s Position:
| Opening Times 9.30am – 5.30pm Monday – Friday Open for Lunch | Flexible Bandwidth Start Time 8.30am Finish Time 6.30pm |
Having considered the submission made by both parties, the Court recommends that the following opening times and flexitime arrangements should apply to all Grades up to and including Grade VII (and analogous grades) in a manner consistent with the provisions of the Haddington Road Agreement. For the avoidance of doubt the Court recommends that all of these grades should have the facility to build up flexi leave.
The Court Recommends the following opening times and flexitime arrangements:-
| Opening Times 9.15am – 5.30pm Monday – Friday Open for Lunch | Flexible Bandwidth Start Time 8.30am Finish Time 6.30pm |
- (ii)Worksharing Arrangements
Having considered the submissions of both parties the Court recommends that the Union should accepts that the nationally agreed Worksharing Arrangements will apply with effect from the expiry of each of the current arrangements. Furthermore, the Court recommends that in situations where a member of staff can demonstrate that there are exceptional circumstances that limit their capacity to work the standard arrangements due to medical conditions and their limited capacity is medically certified, such employees should be accommodated on a personal to holder basis. Where such personalised circumstances are agreed to, this will operate without access to flexitime for that member of staff.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
25 August 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.