INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
LEITRIM COUNTY COUNCIL
(REPRESENTED BY LGMSB)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Ms Ni Mhurchu
1. Cleaning Services.
2. This dispute arose from the Council's decision to engage contract cleaners to do work which had previously been done by its directly employed cleaning staff. This dispute could not be resolved at local level and 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 13th July, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 30th July, 2010, the earliest date suitable to the parties.
3. 1. The Council has made no attempt to apply for an exemption to the moratorium on replacing staff in the public service.
2. The Union also believes that existing staff would be prepared to do this work for a flat rate of pay.
3.Rather than act unilaterally, the Council should engage in meaningful discussions with the Union.
4. 1. The Council is proposing that it provide cleaning services by a combination of direct labour and contract work.
2. The Council has acted in accordance with local and national agreements on the use of contract services.
3.The Council can only meet its current cleaning requirements efficiently and effectively by a combination of direct labour and contract work.
Having carefully considered the extensive submissions of both parties the Court notes that further vacancies in the cleaning staff of the Council will arise in the near future that will give rise to a further dispute between the parties. Accordingly the Court is satisfied that the parties should seek to agree arrangements for dealing with these issues in an orderly and structured fashion. The Court therefore recommends that the parties re-engage, through the LRC, with a view to reaching an agreement, within a three month period, to resolve all aspects of the dispute. If the parties fail to reach an agreement the matter may, at any time, be referred back to the Court for a final Recommendation.
In the interim both sides should refrain from taking any action that would aggravate the situation. The Court so Recommends.
Signed on behalf of the Labour Court
9th August, 2010______________________
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.