LCR22542

FULL RECOMMENDATION

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

SOUTH DUBLIN COUNTY COUNCIL
(REPRESENTED BY LGMA)

- AND -

2 GENERAL OPERATIVES
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1.Working in the rain - Tallaght Stadium

BACKGROUND:

2.This matter could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the matter was referred to the Labour Court on 21 October 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in a virtual courtroom on 19 January 2022.

UNION’S ARGUMENTS:

1. On behalf of its affected members the Union is seeking that the "Tallaght stadium agreement" be maintained and that the 6 days annual leave owed for 2019, 2020 and 2021 be returned to its members.

2. There is no rationale for removing the "Tallaght stadium agreement" and that it should not have happened.

3. The Union claims that the members in question continue to carry out the roles and duties necessary in order for Tallaght stadium pitch to function.

EMPLOYER'S ARGUMENTS:

1. The Employer has no knowledge of a "Tallaght stadium agreement" .

2. The "working in the rain" allowance was the subject of a historical dispute that was referred to the Labour Court in 2013 for another group of workers. The Court ruled that the allowance be retained on a 'personal to holder basis' for 27 workers. The claimants here are not those 'red-circled' for this allowance.

3. The claimants' annual leave entitlement has not changed and the entitlement is 24 days per annum in accordance with the National Agreement reached in 2014.

RECOMMENDATION:

The Court has carefully considered the written and oral submissions of the parties.

The claim concerns two outdoor workers employed by South Dublin County Council who work at Tallaght Stadium. The parties are in dispute as regards the existence of an agreement providing six days additional leave as a “working in the rain” allowance.

SIPTU seeks that a longstanding arrangement referred to as the “Tallaght Stadium Agreement” which came into place in June 2010 be maintained and that six days annual leave owed for the years 2019, 2020 and 2021 be returned to its members.

The Employer says it is not aware of any agreement or practice in existence and that no evidence, documentation or otherwise has ever been produced to substantiate a claim that such an agreement exists.

The long-standing position of the Labour Court is to uphold collective agreements, unless requested by both parties to do otherwise.

In the circumstances of this case, no supporting documentation has been provided to the Court to substantiate a claim that a collective agreement providing six days additional leave as a “working in the rain” allowance was agreed between the parties. SIPTU submits that such an agreement was concluded at local level in 2010 with a member of senior management who has since left the organisation.

However, no records or minutes of meetings demonstrating that additional leave for “working in the rain” was ever discussed or agreed were produced. Furthermore, no records confirming that leave for “working in the rain” was ever taken by the workers concerned exist, although records of other types of leave taken by the workers were recorded on the COREHR system.

In the absence of any supporting information, the Court can only conclude that a ‘collective agreement’ providing six days additional leave as a “working in the rain” allowance was not concluded between the parties. The Court can see no justifiable basis upon which it could recommend concession of the Unions claim.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.