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LCR22272

FULL RECOMMENDATION

CD/20/219
CCc-165086-20

RECOMMENDATION NO. LCR22272

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990

PARTIES :

NATIONAL COLLEGE OF IRELAND
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

77, VARIOUS PRE 2014 STAFF
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman:	Mr Geraghty
Employer Member:	Ms Connolly
Worker Member:	Mr Hall

SUBJECT:

1. Contributions to a Defined Benefit Pension Scheme

BACKGROUND:

2. Subsequent to the issuing of LCR 22203 it became apparent that the Employer and the Union had differing interpretations of the detail of the recommendation. Following this, local discussions took place again. A decision could not be reached between the college and the Union as to how the Labour Court recommendation should be interpreted. SIPTU then referred the matter back to conciliation. Both parties met, but no resolution was reached and so the matter was referred back to the Labour Court. The Union and the College asked the Labour Court for clarification on the recommendation,

RECOMMENDATION :

This matter came back to the Court because at the hearing that led to Recommendation No. LCR 22203 neither party brought to the attention of the Court that there was a difference of interpretation regarding a 50/50 ‘split’ in arrears contributions.

The Court is concerned that this dispute is indicative of worrying levels of mistrust in circumstances when it is, unquestionably, in the interests of the Workers covered by the scheme for the scheme to remain viable. The Court cannot over emphasise the importance of the Union commitment to burden share, when necessary, to keep this scheme in existence.

However, the Court does not view the insistence by the Union that members of the scheme should pay arrears only of 50% of their increased share of contributions as being in keeping with the spirit of burden sharing, notwithstanding that the Employer was prepared to agree to this in a different context.

The Court recommends that the entire arrears referred to in LCR 22203 should be split on the basis that 70% will be met by the Employer and 30% by the scheme members. This Recommendation is in addition to LCR 22203.

The Court urges both parties to approach any future negotiations regarding this scheme in a collaborative approach that is designed to protect the scheme into the future.

	Signed on behalf of the Labour Court

	Tom Geraghty
DC	______________________
15 October 2020	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.