INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
UNIVERSITY COLLEGE DUBLIN (UCD)
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Mr O'Neill
1. Restructuring in the Library.
2. In 1998, an agreement was reached on Library restructuring between UCD and SIPTU. The principle of the College’s right to re-deploy staff was accepted and a set number of posts were agreed.
The issue in dispute concerns the College’s wish to re-deploy a worker. The worker has refused the transfer. The Union support the worker and contend that all other posts should be filled.
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 22nd of April, 2002, in accordance with Section 26(1) of the
Industrial Relations Act, 1990. A Labour Court hearing took place on the 14th of June,
3. 1. The worker obtained the post of Assistant Librarian through public advertisement and in competition with external applicants.
2. The alternative posts offered would be a retrograde step and the worker did not wish to repeat previous unenjoyable experiences.
3. Restructuring has, in the main, been delivered.
4. The cost to the Library is insignificant but is a huge sacrifice in relation to the Senior Library Assistant promotional post.
4. 1. SIPTU members had been balloted and accepted the terms of the restructuring agreement.
2. Preceding stages of the restructuring agreement have been implemented.
3. The re-deployment is an essential step in the restructuring process.
4. Management has adhered to the terms of the agreement and to the grievance procedure, including availing of the conciliation service of the Labour Relations Commission and the Labour Court.
The Court notes that the agreement of the 5th of May, 1998, is quite specific in providing that an assistant librarian post would be transferred from the Architecture Library to levels 2 and ¾ in the Main Library. It is also clear in providing that the recruitment of a senior library assistant at the Architecture Library was to be in conjunction with and dependent on the vacancy thus arising.
The Court fully appreciates the desire of the current incumbent in the Architecture Library to remain in her current post until retirement. The Court regards the proposal agreed at conciliation as providing a fair and reasonable basis on which this could have occurred. The Court would suggest that the positions of all parties in relation to this proposal should now be reconsidered.
If the proposal remains unacceptable, the Court recommends that the terms of the agreement of May, 1998, be honoured. That involves the assistant librarian in the Architecture Library transferring to the main library so as to facilitate the appointment of a Senior Library Assistant in that area.
Signed on behalf of the Labour Court
8th July, 2002______________________
Enquiries concerning this Recommendation should be addressed to Caroline Hayes, Court Secretary.