Labour Court Database
__________________________________________________________________________________
File Number: CD86855
Case Number: LCR10956
Section / Act: S67
Parties: MIDLAND HEALTH BOARD - and - LGPSU
|
Subject:
Claim on behalf of four workers for three additional days' annual leave.
Recommendation:
5. The Court considers that the Board's response to this
particular claim is reasonable and recommends it be accepted.
Division: CHAIRMAN Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD86855 THE LABOUR COURT LCR10956
CC86832 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10956
Parties: MIDLAND HEALTH BOARD
and
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
Subject:
1. Claim on behalf of four workers for three additional days'
annual leave.
Background:
2. The workers concerned are currently employed as training
instructors at the Board's training centre in Mullingar, to where
they were transferred from St. Lomans Hospital in 1984. The Union
served a claim on the Board for three additional days' annual
leave for these particular workers as they are now obliged to take
most of their leave at particular times during the year. This
claim was rejected by the Board and the matter was referred to the
conciliation service of the Labour Court. A conciliation
conference held on 25th June, 1986 failed to resolve the matter
and a subsequent offer by the Board of two concession days was
rejected by the Union. On 24th October, 1986 the matter was
referred to the Labour Court for investigation and recommendation.
A Court investigation into the dispute was held on 9th December,
1986 in Athlone.
Union's arguments:
3. (i) The workers understood that the transfer would not
affect their conditions of employment. They
co-operated fully in the transfer and the new work
methods. They raised objections however when they
learned that they would be losing their annual leave
flexibility. They are the only group of craft related
or comparable workers in the Midland Health Board who
are obliged to take annual leave at specified periods
during the year. At present, out of a total of 22
days, only eight days are available to the workers to
be taken as required and this number would decline if
the Board wished to extend its closure periods.
(ii) The two concession days offered by the Board would not
be treated as annual leave but the workers would be
obliged to take them on particular days nominated by
the Board. This is more of a facility to the Board
than the workers. In making this offer the Board has
recognised that there is a loss to the workers, but the
offer does not adequately compensate them.
(iii) The workers are obliged to take their holidays during
the peak holiday periods which imposes considerable
financial costs upon them and their families.
(iv) The instructors are unique within the Board with regard
to their leave arrangements. Concession of this claim
would not therefore give rise to similar claims from
other workers.
(v) The additional leave granted earlier this year was not
connected with the workers' loss of flexibility.
Board's arguments:
4. (a) The Instructors who transferred to the New Training
Centres accepted the conditions of their transfer which
included fixed closures for Annual Leave and increased
remuneration.
(b) Instructors were further compensated for fixed holiday
closures by way of an additional two days annual leave,
effective in the current leave year.
(c) The Board has, it believes, met its obligations to
these employees on the issue of annual leave.
(d) The Board has responded fairly to the Union's claim for
three extra days' leave by offering two concession days
subject to:
(1) that the Union accept the Board's right to
determine the annual leave arrangements for the
training centre, Mullingar and,
(2) that the Union accept the principle of one paid
10 minute tea break per 8 hour shift-this break
to be availed of in the morning.
RECOMMENDATION:
5. The Court considers that the Board's response to this
particular claim is reasonable and recommends it be accepted.
~
Signed on behalf of the Labour Court
John M. Horgan
_________________________
Chairman.
27th January, 1987.
R.B./J.C.