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FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRINITY COLLEGE DUBLIN
- AND - 10 WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Mr Hall |
1. Bank Holiday Payments for 10 Security Operatives.
BACKGROUND:
2. This dispute 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 dispute was referred to the Labour Court on 16 October 2019 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 29 November 2019.
UNION’S ARGUMENTS:
3. 1. The Union are seeking that the 10 Security Members who are not in receipt of time-in-lieu for work carried out on Public Holidays be given the opportunity to avail of it like other employees within the same Department.
2. The Union state their Security Members are the only employees on Campus who are rostered to 24/7 365 days a year which should be taken into account in respect of this claim.
3. The Union state there is no agreement in relation to the claim an the imposed changes are in contravention of the College / SIPTU Procedural Agreement and seek the Court to recognise the validity of their claim.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer states that under the Organisation of Working Time Act, 1997 an employee who works a public holiday is entitled to one of four options which the Employer determines. In respect of 10 Security Members it is to be paid.
2. The Employer states that the Union have been invited on several occasion to put forward an alternative arrangement but none have been forthcoming.
3. The Employer states it is fulfilling its legislative obligations under the Act and requests the Court not to uphold the claim
RECOMMENDATION :
The issue in dispute between the parties relates to post 2007 campus Security Operatives who receive pay for working a Bank Holiday unlike their pre-2007 colleagues who are allowed take time off in lieu. The Union are looking to have post 2007 staff be allowed take time off in lieu (TOIL) instead of payment for working a Bank Holiday. The parties have engaged on this issue but are unable to agree on a resolution. The Employer has put forward a proposal but are looking to have the proposal apply to both pre 2007 and post 2007 Workers. It was the Union’s position that the pre 2007 Workers have a red circled agreement and therefore they cannot be part of the solution.
Having considered the position of the parties and the proposal put forward by the Employer the Court recommends that the issue be resolved on the following basis;
- 1) All Security Operatives (excluding pre 2007 employees) would have to opt in to time off in lieu, there can be no option to choose between TOIL or payment.
2) All TOIL would have to be taken between Monday and Friday on a day shift and would be covered by the University’s Contract Partners and
3) Security Officers covered by this Recommendation would have to pre- book TOIL leave.
This Recommendation is in full and final settlement of this issue.
The Court so Recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
TH ______________________
4 December 2019 Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.