INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
NATIONAL COLLEGE OF ART & DESIGN
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Terms for Saturday working in the Design Building..
2. The dispute relates to the terms applicable to academic staff working on Saturdays in the Design Building in NCAD. In return for carrying out Saturday work the College proposes to compensate the claimants by way of time-off in lieu. This is not acceptable to the Union whose claim for the same terms as the Library Agreement is outlined as follows;
Overtime to be paid at the appropriate rate i.e. Time +1/2 to noon,
Time X 2 thereafter.
Additional Annual Leave.
The College reflected the claim. The dispute was referred to the Labour Relations Commission. A number of conciliation conferences were held but agreement was not reached. The dispute was referred to the Labour Court on the 18th April, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Court hearing was held on the 10th August, 2006.
3. 1. The claimants want to be treated similarly to workers covered by the Library Agreement and to receive the terms of that agreement as outlined in the Union's claim.
2. Time off in lieu as proposed by Management is not acceptable.
3. The College has adopted a position that if the claimants don't want to work on Saturday Management will engage hourly paid staff. This is not a dispute about not wanting to work but about the terms, including pay terms, under which work will be carried out on Saturdays which is enshrined in the Library Agreement.
4. 1. The Library Agreement does not make any reference to academic staff as none are employed in the Library and the advice College has received via HEA is that academic staff are not paid overtime and that the College may not pay academic staff overtime. Lecturers are senior staff with appropriate annual salaries, a contracted 24 hours per week. They do not lecture throughout the calendar year and have an entitlement to a minimum of six weeks' leave.
2. The claimants would only be asked to work Saturdays on a voluntary basis for which they would receive a day off in lieu and in the absence of appropriate volunteers the College would engage staff to do the work.
The Court, noting
- the concessions already made in the NCAD submission at paragraphs 5.1 in which the College agreed that the day off in lieu would be the Monday (or next working day) following Saturday worked, or another day by agreement
- and 5.2 regarding G.O. staffing
- the fact that the question of part-time workers is being addressed in another forum,
Signed on behalf of the Labour Court
29th August, 2006______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.