INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
CENTRAL BANK OF IRELAND
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr McGrath
Employer Member: Mr Pierce
Worker Member: Mr Walsh
1. Proposed change in roster.
2. The dispute before the Court concerns security staff employed by the Bank at its currency centre in Sandyford.
In December, 1996 local level discussions took place at which management put forward a proposal to extend the present 16 week roster to 19 weeks. The Bank's proposal is on foot of a recommendation for a major upgrading of its security structures in the centre which will involve significant construction work extending over approximately two years.
The Bank has recruited four additional security staff. It is proposed that the new employees would eventually replace staff due to retire in 1998 and 1999 and that the roster would drop to an 18 week roster in 1998 and settle permanently at a 17 week roster in 1999.
The Company's proposal was unacceptable to the Union and the matter was referred to the Labour Relations Commission. Conciliation conferences took place on 7th February, 1997 and 14th February, 1997. At the second conciliation conference the Union sought the transfer of one worker from Sandyford to Dame Street and the operation of a 19 week roster on the basis of the inclusion of a worker currently absent on long-term sick leave.
As agreement could not be reached the dispute was referred to the Labour Court on 19th February, 1997 under Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 6th March, 1997.
3. 1. The workers are concerned at the way in which the Bank is attempting to push through changes in the roster without adequate consultation or negotiation.
2. The Bank is not honouring the current agreement in relation to staffing levels in Dame Street.
3. The proposed new roster would have a disruptive effect on the families of the security staff. The workers would also suffer a considerable loss of earnings as a result of the change.
4. Management employed additional staff prior to the issues being discussed and processed through agreed procedures. Despite management 's approach the staff continued to operate in a professional manner.
5. The workers have acted in a responsible manner and request the Court to recommend that the Company negotiate with the Union as per agreement and that the issue of any loss of earnings be addressed.
4. 1. The Bank has begun a major upgrading of its security structures and arrangements in the centre to comply with Garda recommendations.
2. The proposed changes in the roster will reduce the proportion of night shift and weekend working by security staff, all of whom would still be paid the full shift allowance of 33 1/3%. This represents an improvement in the employees working conditions.
3. The security guards have significant levels of overtime. The proposals are not envisaged to affect income levels. The guards receive top pay and conditions in return for a commitment to professional standards and working practices.
4. The security requirements of the Bank's currency centre are paramount and are subject to ongoing review and change. Increased working requirements arising from the security review require both a temporary and permanent roster change.
5. There is no justification for conceding a lump-sum payment in a situation where there are no adverse implications for the security guards' working arrangements, terms and conditions of employment.
The Court having fully considered all of the issues raised by the parties in their oral and written submissions finds that:-
1. The worker (on sick leave) is included on the staffing complement at the currency centre.
2. His position in the centre would be unaffected by the implementation of the proposed rosters. The Bank management accept that if he returns to work after the implementation of the proposals, that, any issue which might arise would be for discussion and agreement with the Union.
3. In accordance with the agreements on manning, a vacancy exists in Dame Street. The Court notes the Bank management have indicated it is their intention to fill this vacancy.
Given the above the Court makes the following recommendations:-
1. That the Bank arrange for the vacancy in Dame Street to be filled as expeditiously as possible.
2. That the temporary roster in the centre as proposed by the Bank be implemented.
3. That the situation be reviewed twelve months after implementation
The review to address any issues which may arise including any loss of earnings incurred.
Signed on behalf of the Labour Court
4th April, 1997______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.