INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
TRINITY COLLEGE DUBLIN
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Right sourcing of security services.
2. This dispute concerns the introduction of a right sourcing model into the security department in TCD. The 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 3rdApril 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 24thJuly 2013.
3. 1. There are approximately 100 security operatives employed in the College. As the college is located in the centre of the capital city it is used as a public thoroughfare thereby giving rise to complex personal and property security issues beyond those of other colleges.
2. As a result the role played by security staff in the college is of a different order to other colleges in the state. This role can only be properly discharged by direct employees who understand the historic significance of the estate in their charge. In addition the security of the student body is made more complex by the manner in which the college is traversed by the population of the city.
3. During the period when this matter was under discussion, the College made several appointments including directly employed library guards to facilitate the opening of a new library. Accordingly the Union does not accept the College’s argument that it capacity to employ adequate numbers of staff is impacted by the Employment Control Framework operated by the Department of Education.
4. 1. During the course of 2012 the directly employed Security Team in the College was reduced from 32 staff to 27 full time and 2 temporary staff. Under the constraints of the Governments Employment Control Framework severe restrictions are in place across the whole College, including Security Services.
2. The reduced numbers has resulted in an excessive reliance on overtime to ensure all daily rosters are covered. The cost of overtime payments has increased dramatically and is not sustainable.
3. Having reviewed all options, Security Management concluded that the most viable and sustainable option is a right sourced model, which involves the integration of some contract staff into the roster.
The Court has carefully considered the extensive written and oral submissions of both parties to this dispute.
On the basis of those submissions the Court recommends that the “Proposals” that were developed at the LRC should be accepted by both sides on the basis that:
1.The College stated that it is committed to maintaining a directly employed security service at its current levels as the primary security service within the University.
2.Agreement to the “Proposals” worked out at the LRC does not constitute a precedent for, and cannot be relied upon by, either side in any future discussions on a change agenda within the University.
The Court so recommends.
Signed on behalf of the Labour Court
19th August 2013.Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.