FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : D�N LAOGHAIRE RATHDOWN COUNTY COUNCIL - AND - IMPACT AND SIPTU DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Local Authority Worksharing and Shorter Working Year Schemes.
BACKGROUND:
2. This dispute relates to a claim by D�n Laoghaire Rathdown County Council staff with respect to the application of the Local Authority Worksharing and Shorter Working Year Schemes to them. 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 the 22nd December 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 15th February2017.
UNION’S ARGUMENTS:
3. 1. The Council made significant changes which were introduced at short notice.
2. The Council failed to engage with the Unions in advance of the decision.
3. The Council rejected the Unions' proposal that changes be delayed until next year.
COUNTY COUNCIL'S ARGUMENTS
4. 1. The Council is fully entitled to determine how the Schemes will be operated, the quantity of access that can be sustained and the levels of employees to which they can pertain.
2. The Council remains fully committed to the operation of the Worksharing and Shorter Worker Year Schemes.
RECOMMENDATION:
The Court has given careful consideration to the submissions of both sides in this dispute.
The Court notes that the Local Authority voluntary Worksharing and Shorter Working Year Schemes were introduced to facilitate family-friendly work practices and enable staff to achieve the optimum work-life balance consistent with the efficient and cost-effective delivery of services to the public.
In that context the Schemes provide a significant measure of flexibility to both sides in order to achieve the optimum balance between these sometimes competing objectives. Accordingly the Court takes the view that the terms of the annual operation of each of those Schemes should be the subject of full engagement between the parties.
The Court finds that the parties in this case have not engaged adequately on the amendments to the Schemes necessary to meet these objectives in 2017. Accordingly the Court recommends that the parties engage intensively over a four-week period to agree any necessary adjustments to achieve the optimum balance between the two identified competing objectives in the context of identified individual needs.
The Court further recommends that the parties immediately establish a joint working group to examine and report on the operation of these Schemes in other Local Authorities and any other relevant public bodies having analogous schemes. That report should inform discussions between the parties on the operation of the Schemes in 2018. Such discussions should commence no later than 1 September 2017.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CO'R______________________
2 March, 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.