FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : BORD NA MONA - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION UNITE TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Dispute situation at Boora.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to the Employer's decision to transfer workers from its depot located in Boora, Co Offaly to alternative sites at Blackwater and Derrynagreena. The Employer asserts that it has a cost-saving requirement to close its site at Boora and to transfer the workers to alternative locations without delay. This dispute relates specifically to the refusal of eight workers to transfer from the Boora depot and the Employer's decision to remove the workers from the payroll as a result.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 14th April 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th April, 2014.
UNIONS' ARGUMENTS:
3. 1. Management took the unilateral decision to transfer the workers before discussions had concluded.
2. The Unions' assert that Management have acted unreasonably by transferring the workers prior to the completion of negotiations.
3. It is the Unions' contention that the removal of the workers from the payroll represents an unwarranted disciplinary sanction.
4. The Unions are seeking the immediate restoration of these workers to the payroll.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer maintains that it has been seeking approval for the transfer of the workers over a very long period of time.
2. The Employer asserts that it has a business need to close the depot at Boora and redeploy the workers to alternative locations.
3. The Employer contends that there is no financial loss associated with the transfer and has proposed to offer a compensation package for the relocation of the workers.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court recommends that the parties, with the assistance of the LRC, engage in intensive discussions to bring all outstanding matters in dispute to a final conclusion before the 31 May 2014. Any matters outstanding at that time should be referred back to the Court for a definitive recommendation.
In the interim, the eight workers involved in this dispute should be restored to the payroll with Boora as their base on condition that they make themselves available for deployment as required by the Company.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
6th May 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.