INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
NATIONAL COLLEGE OF ART AND DESIGN
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGee
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Access to pension scheme. Resumed Hearing Arising from CD/04/123.
2. The dispute concerns the conditions under which four workers can join the Colleges' pension scheme. The issue was before the Court before in November, 2004, and the parties were given time to try and sort out the claim. There are now two elements to the Union's claim:- (1) The date of re-entry to the Superannuation Scheme and (2) The appropriate salary scale on which previous pensionable service is calculated.
The four workers are employed as technicians and have been in employment with the College since 1983. In August, 1984, employees were given the option of withdrawing from the pension scheme and all technical staff withdrew at that time. In 1992, following discussions with the Higher Education Authority (HEA) all of the technical staff rejoined the scheme, except for the four workers concerned, backdated to 1984. All technical staff were unestablished.
Some years after the technical staff rejoined the scheme in 1992, the four workers sought to rejoin the scheme along with some other non-technical staff. Following the previous Labour Court hearing in November, 2004, management confirmed that the four workers could rejoin the Superannuation Scheme with effect from 18th of November, 2004, and that their salaries are now pensionable. The Union believe the four should be re-admitted to the Pension Scheme on the same terms as those who rejoined in 1992, i.e. backdated to 1984. The second issue is that the Union believes that arrears due should be based on salary during the period i.e. 1984 to 2004, and not at the salary scale of 2004 as Management insists.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place. As the parties did not reach agreement, the dispute was referred to the Labour Court on the 24th February, 2006, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th of May, 2006.
Following the hearing, the Court received a letter from the College in which it stated that the HEA had given sanction for the College to purchase past service as pensionable service on the basis of salary at the time i.e. calculated at historic rate of pay.
The Court notes the sanction given to the College and recommends that the resultant offer be implemented.
Signed on behalf of the Labour Court
9th June, 2006.______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.