Labour Court Database __________________________________________________________________________________ File Number: CD86801 Case Number: LCR10953 Section / Act: S20(1) Parties: TELECOM EIREANN - and - POOA |
Claim, by the Association that members should have the right to be accompanied by a witness when attending an interview with management.
Recommendation:
5. The Court, having considered the written and oral submissions
and noting that a joint working party is presently reviewing
grievance and disciplinary procedures has come to the conclusion
that to uphold the Post Office Official's Association claim would
not be warranted.
The Court so recommends.
Division: Ms Owens Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD86801 THE LABOUR COURT LCR10861
Section 20(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR10967
PARTIES: TELECOM EIREANN
AND
POST OFFICE OFFICIAL'S ASSOCIATION
Subject:
1. Claim, by the Association that members should have the right
to be accompanied by a witness when attending an interview with
management.
Background:
2. The Association sought a meeting with the Company to discuss
its claim that members should have the right to be accompanied by
a witness when attending an interview with Company management.
The Company was not willing to meet with the Association, which it
does not recognise as representing any of its employees. The
Association on the 11th October, 1986 referred the matter to the
Labour Court for investigation and recommendation under Section
20(1) of the Industrial Relations Act, 1969. The hearing took
place on 20th November, 1986. Prior to the hearing the
Association agreed to be bound by the Court's recommendation.
Association's argument:
3. This claim arises from the fact that in a number of instances
(details supplied to the Court) different accounts have been given
by members of management and members of the Association of
interviews between the parties. Such conflicting evidence causes
difficulties when presented to a third party such as the Labour
Court. The Association feels that in these circumstances the
presence of a witness is very important to its members.
Company's arguments:
4. (a) The Association is not recognised as representing any
grades within the Company. The Postal and
Telecommunications Workers' Union and the Communication
Managers' Union hold rights of recognition for the
grades of Telephonist (Day and Night) and Telephone
Supervisors (Day and Night), respectively.
(b) The procedures for representations and communications
in the Company have been inherited from the former Post
Office Departmental Council. Various agreements were
reached at that forum in respect of various groups of
staff. Following the decision to transfer
responsibility for the operation of the postal and
telecommunications services to two new State-sponsored
bodies, the Post Office Departmental Council
established a joint working party to discuss the
effects this decision would have on staff-related
matters. Paragraph 2.20 of the report of the joint
working party, which was distributed to each member of
the staff, states in relation to grievance and
disciplinary procedures:-
" Following discussions the official side consulted
the interim boards who indicated that they proposed
to maintain existing grievance and disciplinary
procedures. Accordingly, An Post and Telecom
Eireann will continue the operation of the existing
codes and procedures, subject only to such
revisions as are consequential on the provisions of
the Act".
(c) The principal forum for negotiations on pay and
conditions of service in the Company is the
transitional scheme of conciliation and arbitration for
the Irish Telecommunications Board. An agreement has
been reached at the joint conciliation council between
the management side and the staff side that a joint
working party should be established to review the
policy and procedures in relation to grievances and
disputes and if necessary recommend revisions. The
Company contends that as the existing arrangements
arise from a formal agreement with the recognised
trade unions, any alteration in those arrangements must
come from negotiations with those unions. Any other
course could seriously undermine the industrial
relations fabric of the Company.
RECOMMENDATION:
5. The Court, having considered the written and oral submissions
and noting that a joint working party is presently reviewing
grievance and disciplinary procedures has come to the conclusion
that to uphold the Post Office Official's Association claim would
not be warranted.
The Court so recommends.
~
Signed on behalf of the Labour Court.
Evelyn Owens
__20th__January,__1987. ___________________
A. K. / M. F. Deputy Chairman