LCR11992

Subject:
Selection for redundancy.

Recommendation:
5. The Court considers that, as all the locksmiths are
effectively interchangeable, redundancy should be on a seniority
basis, i.e. the most junior locksmith should be made redundant.

The Court, therefore, recommends concession of the Union's claim.

Division: CHAIRMAN Mr Collins Ms Ni Mhurchu

Text of Document__________________________________________________________________

CD88541 RECOMMENDATION NO. LCR11992

THE LABOUR COURT
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976


PARTIES: J.X. BRODERICK LIMITED
(Represented by the Federated Union of Employers)
and
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION


SUBJECT:
1. Selection for redundancy.

BACKGROUND:
2. J.X. Broderick Limited are locksmiths based in Dawson Street,
Dublin. The Company employs five locksmiths, three of whom are
based on the Company's premises and service the general area while
the other two are provided with company vans to service the
greater Dublin area. Due to a fall off in business the Company
found it necessary to make one worker redundant. It was decided
to reduce the van fleet to one and make the more junior van
driver/locksmith redundant. The Union objected to his selection
as there are other locksmiths more junior to him and requested
that the selection be on a last in first out basis. The Company
was not prepared to accede to the Union's request. As no
agreement could be reached at local level the matter was referred
to the conciliation service of the Labour Court. No basis for a
settlement was reached at a conciliation conference held on 15th
July, 1988 and the matter was referred to the Labour Court for
investigation and recommendation. A Court investigation into the
dispute was held on 27th July, 1988.

UNION'S ARGUMENTS:
3. 1. All the workers are locksmiths and were employed as
such. The only difference between the 'indoor' and the
'outdoor' locksmiths is that the outdoor locksmiths drive vans
to get to jobs outside Dublin city centre or for transporting
heavy materials.

2. The worker selected for redundancy has more service than
other locksmiths who are to be retained. While the Union has
reluctantly accepted that the loss of a job is inevitable due
to the state of business, it does not accept that a more
senior locksmith should be the person selected for redundancy.
A 'last in first out' situation should apply in such
circumstances.

3. 3. The Union is seeking that the Company either offer a
redundancy compensation package and seek a voluntary
redundancy or apply the principle of last in first out.

4. The reduction in business is not restricted to the
outdoor side of the operation.

COMPANY'S ARGUMENTS:
4. 1. There is no company/union agreement or agreed procedure
that redundancies should be effected on a last in first out
basis. The Company feels that, by choosing the position of
the more junior outdoor locksmith, it has operated the last in
first out principle on a departmental basis.

2. The fall off in business has been concentrated in the
outdoor area. Thus a redundancy was required amongst
personnel working in this area.

3. Van drivers employed at J.X. Broderick Ltd. were trained
by the company to work in a van driving capacity. They are
allowed to keep their vans for private use at week-ends. The
company would maintain that despite the fact that the skills
of indoor and outdoor staff are the same, i.e. both groups are
locksmiths, there is in fact a difference between the work
carried out and the particular job specifications of indoor
and outdoor workers. Different accounts are kept for each
group.

4. The principle of selecting persons of equal skills on a
departmental basis has been upheld in such companies as Irish
Industrial Explosives, McCormacks, McNaughton and Nicholas
O'Dwyer Ltd.

RECOMMENDATION:

5. The Court considers that, as all the locksmiths are
effectively interchangeable, redundancy should be on a seniority
basis, i.e. the most junior locksmith should be made redundant.

The Court, therefore, recommends concession of the Union's claim.
~

Signed on behalf of the Labour Court


John M Horgan
12th August, 1988 ---------------
R.B./U.S. Chairman