FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUNDALK INSTITUTE OF TECHNOLOGY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - TEACHERS UNION OF IRELAND DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Pay parking.
BACKGROUND:
2. The dispute concerns the Institute's proposal to introduce pay parking for a limited number of parking spaces. At present parking is free at the Institute.
In early 2005 a survey on parking at the Institute was undertaken It was found that whilst there were 738 parking spaces there were 1188 cars parked on campus. The Institute believed that this could constitute a health and safety issue. In October, 2005, a survey by independent consultants recommended the construction of an additional 150 parking spaces (to 880 spaces) and also the introduction of pay-and-display parking. The dispute was referred to the Labour Relations Commission (LRC). At a conciliation conference the Institute stated that it would increase parking spaces from 738 to 1169 and that 300 of these would be free to staff in a purpose-built carpark. A further 331 car spaces would be free to all users of the Institute and the remaining 538 spaces would be on a pay-and-display basis at a cost of €2 per day. The Union objected to the introduction of pay parking and proposed that until a solution was reached that staff parking in non staff-only parks could display a valid sticker which would not involve any payment .
As the parties could not reach agreement the dispute wasreferred to the Labour Court on the 18th February, 2008, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 15th May, 2008.
UNION'S ARGUMENTS:
3. 1. The Union would see a major distinction between the use of cars by members of staff and by students. Staff members are frequently required to bring large quantities of materials with them which requires the use of a car.
2. The consequence of not finding a parking space for a member of staff is far more serious than for a student as a lecturer being late for a class would discommode a large number of students.
3. The cost to an individual lecturer would be €280 and €250 per year. This is, in effect, a pay cut as parking has been free to date.
INSTITUTE'S ARGUMENTS:
4. 1. At present the demand for car parking continues to exceed supply. On completion of the new staff car park there will be a major increase in the number of spaces available.
2. The Institute is making every effort to alleviate traffic management difficulties including alternative means of transport (details supplied to the Court). The survey in October, 2005, found that many of the people involved live very close to the Institute.
3. The provision of free car parking to staff has never been part of the conditions of employment for any member of staff.
RECOMMENDATION:
The Court is satisfied that the employer in this case is not obliged contractually or otherwise, to provide parking facilities for staff.
It is noted that a significant number of reserved parking places are being provided. It is also noted that the cost of parking in the public area will be nominal.
In the circumstances the Court recommends that the Institutes proposals be accepted.
Signed on behalf of the Labour Court
Kevin Duffy
22nd May, 2008.______________________
CON.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.