FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BOWEN CONSTRUCTION LIMITED - AND - BUILDING AND ALLIED TRADES UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr O'Neill |
1. Transfer to another site.
BACKGROUND:
2. The Company is a nationwide construction company and has completed significant buildings throughout the country, particularly in Dublin and Cork. The Company has separate management and work organisation structures in both regions but carries out its contracts both on a direct employment basis and also by sub- contracting.
The dispute before the Court concerns four bricklayers who are direct employees and who are seeking a transfer to another site rather than being laid off when work is available elsewhere. The Workers have approximately eight years service with the Company.
During the past year the Workers' employment with the Company has been difficult because of continuous lay- off and uncertainty about their work prospects. During this period they have returned to the Company often on a "week-on/ week-off" basis to complete projects or to carry out additional bricklaying when it arises.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commissions. As agreement was not reached, the dispute was referred to the Labour Court on the 3rd March, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 1st May, 2008.
UNION'S ARGUMENTS:
3. 1.The Union believes that their members are entitled to transfer to any Company site within the State where work is available rather than be laid-off.
2. The Union maintains that many other construction companies transfer bricklayers irrespective of the site location in order to maximise a valuable human resourceand long term commitments to a company.
COMPANY'S ARGUMENTS:
4. 1.The Company regrets the current situation in the Building Industry and having to place the four bricklayers on temporary lay-off, however, it has honoured its agreement and recalled the four bricklayers.
2.The Company will always evaluate the work requirements and the organisation of work for each contract. It will also decide whether this work should be carried out by direct employment or by sub-contracting.
RECOMMENDATION:
Having considered the submissions of the parties the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
6th May, 2008______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.