Labour Court Database __________________________________________________________________________________ File Number: CD86785 Case Number: LCR10995 Section / Act: S20(1) Parties: AN POST - and - POOA |
Conditions of employment at Kilmallock Post Office.
Recommendation:
6. The Court has considered the submissions made by the parties
and recommends that the Association accepts the steps taken by the
Company to rectify the subject matter of their complaint.
Division: Mr Fitzgerald Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD86785 THE LABOUR COURT LCR10995
SECTION 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10995
PARTIES: AN POST
and
POST OFFICE OFFICIALS' ASSOCIATION
Subject:
1. Conditions of employment at Kilmallock Post Office.
Background:
2. The premises in which Kilmallock Post Office is situated is
rented by the Company and is partly occupied by Telecom Eireann
Staff. There is a total of 29 workers of various postal grades
employed at Kilmallock Post Office.
3. The Association contends that working conditions at Kilmallock
Post Office are very bad arising from leaks in the roof of the
premises and accordingly, it served a claim on the Company to have
this put right. No direct negotiations took place on the matter
between the sides as the Company does not recognise the
Association as representing any grades within the Company.
Subsequently, the claim was referred by the Association, under
Section 20(1) of the Industrial Relations Act, 1969, to the Labour
Court for investigation and recommendation. The Court heard the
dispute on 21st January, 1987, in Limerick.
Association's arguments:
4. (i) The roof of the premises leaks in a number of places
which allows rain into the Post Office in three areas
- the Overseer's office, sorting office and ladies
retiring room. This has created problems for the
staff concerned in wet weather and causes great
inconvenience to them in the execution of their
duties. Such conditions are intolerable as they
interfere with the work and health of the staff and
should be put right immediately.
(ii) There is electric wiring in the area where the water
enters the building. In these circumstances, the
safety of the workers could be put at risk should
these wires be damaged in any way.
(iii) The problems arising from leaks in the roof have been
there for a considerable length of time and despite
complaints from the staff regarding the bad
conditions, the Company has failed to take the
appropriate action to rectify the matter. The
Association is no longer prepared to tolerate this
situation.
(iv) The general condition of Kilmallock Post Office is
unsatisfactory to the Association's members and at the
request of the Association the office premises has
been inspected by a health officer and a fire officer
and their reports have been duly sent to the Company
by the Local Authority. The Association sought copies
of the reports from the Company but they have not been
forthcoming.
Company's arguments:
5. (a) The Post Office Officials' Association is not
recognised as representing any grades within An Post.
The Postal and Telecommunications Workers' Union holds
rights of recognition for the grades of Cleaner,
Post(wo)man and Post Office Clerk. In addition, the
Company considers that its attendance at the Labour
Court hearing is without prejudice to its position on
the non-recognition of the Post Office Officials'
Association.
(b) The Company accepts that the roof over part of the
office is in need of repair and when the premises was
under the control of the Office of Public Works
certain repairs were carried out but these failed to
provide a permanent solution to the leaks. The
Company considers that the long term solution to the
problem is to have the roof covered by asphalt and
following agreement with the owner of the building the
Company has appointed a contractor to carry out this
work. The Company has been assured that the
contractor will commence work on the building in
January, 1987.
(c) The Company is not aware of any other complaints
regarding accommodation affecting postal staff in
Kilmallock. Indeed, following an inspection of the
accommodation by representatives of the Mid-Western
Health Board last year, the Head Postmaster was
informed, verbally, that apart from the roof, working
conditions were otherwise satisfactory. The Company
is satisfied that the roof repairs will bring the Post
Office accommodation up to a satisfactory standard.
RECOMMENDATION:
6. The Court has considered the submissions made by the parties
and recommends that the Association accepts the steps taken by the
Company to rectify the subject matter of their complaint.
~
Signed on behalf of the Labour Court
16th February, 1987 Nicholas Fitzgerald
T.McC./P.W. Deputy Chairman