INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
EAST COAST AREA HEALTH BOARD
- AND -
BUILDING AND ALLIED TRADES UNION
Chairman: Mr Duffy
Employer Member: Mr Keogh
Worker Member: Ms Ni Mhurchu
1. Travelling time.
2. The worker concerned is employed by the Health Board as a carpenter. Up until 1990, he was based at the Board's engineering base at St. Brendan's Hospital and travelled to work each day to the Central Mental Hospital, Dundrum. He was paid one and a half hours' travel time.
In 1990, due to re-organisation, the Central Mental Hospital was designated to the Clonskeagh base. The worker concerned continued to receive the one and a half hours' travel time on a "red-circled" basis.
In September, 2001, the worker concerned took up a promotional position in Newcastle Hospital, Co. Wicklow.
The Union on his behalf is seeking two and a half hours' travel time per day in respect of his journey from Clonskeagh to Newcastle. The Board rejects the claim stating that he must accept the terms of the promotional position.
The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 25th of March, 2002, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th of June, 2002, the earliest date suitable to the parties.
3. 1.There are three agreed engineering bases which are St. Brendan's, Cherry Orchard and Clonskeagh. Newcastle is not a separate base.
2. The worker concerned could not have turned down the promotion, if he had done so he would lose his seniority and it may be some time before he was offered promotion again.
3. The worker concerned should receive two and a half hours' travel time back dated to September, 2001.
4. 1.When the worker concerned was transferred from St. Brendan's Engineering base to the Clonskeagh base, he retained the one and a half hours' per day travel time on a "red-circled" basis. Since his move to Newcastle he has continued to receive this travel time even though his colleagues in Newcastle only receive one hours' travel time.
2. The worker concerned should accept the terms of the promotional position.
3. Concession of the Union's claim would lead to cost increasing claims by craft workers in the Health Boards and local authorities.
The Union's claim is based on an agreement concluded between the parties following the issue of Labour Court Recommendation 5102 in 1979.
The Health Authority contended that this agreement was replaced by a later agreement following a Labour Court Recommendation issued in 1984. Despite adjourning to allow further information to be provided, no evidence of any such agreement or details of the Recommendation relied upon have been furnished to the Court.
In the absence of any information to the contrary, the Court accepts that the 1979 agreement is extant. Accordingly, the Court recommends that the Union's claim be conceded.
Signed on behalf of the Labour Court
19th August, 2002______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.