FULL RECOMMENDATION
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 and a Labour Court RecommendationNo. LCR21210issued to the parties on 19 April 2016. Arising from that Recommendation the case was referred back to the Labour Court and a subsequent Labour Court hearing took place on 13 September 2016. The arguments put forward by the parties at that hearing remained substantively the same as those stated at the Labour Court hearing of 5 April 2016. The case before the Court concerns the Council's intention to adjust the Flexible Working Arrangements in accordance with Appendix 6 of the Haddington 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.In that regard the Council has proposed change to one of two options, while the Unions are seeking to retain the provisions of the currently agreed scheme and to extend the provisions of same to the affected parties as per Labour Court RecommendationNo. LCR20626.
RECOMMENDATION:
The issue before the Court follows Labour Court Recommendation No: 21210, concerning the City Council’s proposals to adjust the Flexible Working Arrangements. The Court recommended that:-
- “…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.”
The Recommendation provided that any outstanding issues remaining on the completion of the discussions could be referred back to the Court for a definitive recommendation which is binding on the parties as it was jointly referred in line with Clause 5.1 of the Public Service Stability Agreement 2013-2016 (Haddington Road Agreement).
As the issue remained unresolved following the recommended discussions, the parties referred it back to the Court. A hearing was held on 13thSeptember 2016 where both parties were given the opportunity to put forward their respective positions to the Court.
Having considered the submissions made and taking account of Appendix 6 of the Haddington Road Agreement, the Court is of the view that the City Council’s position to adjust the flexitime arrangements is reasonable in circumstances where there are changing demands on its service and due to the extension of the scheme to new grades. Therefore, the Court recommends that Option Two as outlined to the Court on page 6 of its submission should be accepted by both parties. This option provides for an adjustment to the flexi starting times - from 8.00am to 8.30am. In recommending this adjustment, the Court is aware of the arrangements applying in Galway County Council which provide for an 8.30am flexi start; and secondly, the Court notes that the Union highlighted specific difficulties with Option 1, which proposed to change the core hours from 4.00pm to 4.30pm.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
27 September 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.