SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
NATIONAL BUS AND RAIL UNION
Chairman: Mr Foley
Employer Member: Ms Connolly
Worker Member: Ms Tanham
1. Transfer Arrangement For Platelayers
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 15 November 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 20 January 2017.
The Court has considered in detail the written and oral submissions of the parties.
Neither party was able to give clarity to the Court as to the degree to which current arrangements are failing to facilitate transfers for persons of platelayer grade seeking a transfer. The Court has been advised that the company employs 224 persons at platelayer grade but neither party has been able to identify how many of these people are actually seeking a transfer and have made a request for such which is not being dealt with satisfactorily by management. The absence of such information set against the detail supplied to the Court of persons who have been facilitated to transfer using current arrangements is concerning to the Court. The Court in this context notes that neither party could identify any incidence of an individual raising a grievance in relation to a transfer request in recent years.
In all of these circumstances the Court recommends that:
•The Trade Union side give clarity to the company as regards individuals who have made their wish to transfer known to management and are dissatisfied with the response of the company.
•The parties should engage in a detailed manner to consider individually, and resolve if possible, the case of any person who is identified as having sought a transfer but has not been facilitated for reasons which the applicant considers unsatisfactory.
Having completed this exercise the parties should engage to consider whether any other matters arise at this time.
Signed on behalf of the Labour Court
25 January 2017Chairman
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.