INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
DEPARTMENT OF DEFENCE
- AND -
UNION OF CONSTRUCTION, ALLIED TRADES AND TECHNICIANS
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
TECHNICAL ENGINEERING & ELECTRICAL UNION
AMALGAMATED TRANSPORT & GENERAL WORKERS' UNION
AMALGAMATED ENGINEERING & ELECTRICAL UNION
BUILDING AND ALLIED TRADES UNION
IRISH NATIONAL PAINTERS & DECORATORS TRADES UNION
Chairman: Mr Flood
Employer Member: Mr Grier
Worker Member: Ms Ni Mhurchu
1. Compensation arising from closure of St. Brican's Hospital
2. The dispute concerns a claim for compensation for members of staff affected by the movement of the Corps of Engineers Maintenance Yard attached to St. Brican's Hospital, from one location to another within the Hospital Complex. The staff are employed by the Department of Defence. Some of the workers concerned will remain in the Hospital whilst others will be re-located. The Unions are seeking €2,697 per person. The Unions cited agreements reached at conciliation conferences at the Labour Relations Commission in relation to the closure of military barracks - including Clancy Barracks, Dublin - in their claim. The Department has rejected the claim.
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 29th of April, 2003, in accordance with Section 26 (1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th of June, 2003.
3. 1. Management refused to discuss the Unions' claim despite a number of requests to do so.
2. The workers concerned should not be treated less favourably than their colleagues. They have co-operated fully with the relocation.
4. 1. The distance between the old and the new location within the complex is only 55 metres. The new facility is, in fact, closer to the Hospital.
2. The Department has accommodated a number of people involved in the relocation by placing them in sites of their choice.
3. The settlement terms in relation to Clancy Barracks (as cited by the Unions ) were specific to that situation. It was agreed with the Unions that they would not apply to any other barracks closures.
The Court, having considered the written and oral submissions made by the parties, does not recommend concession of the Unions' claim in this case.
Signed on behalf of the Labour Court
23rd June, 2003______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.