Labour Court Database __________________________________________________________________________________ File Number: CD885 Case Number: LCR11694 Section / Act: S67 Parties: EOLAS - THE IRISH SCIENCE AND TECHNOLOGY AGENCY - and - TASS/MSF |
Claim for disturbance payment for twenty workers transferred from Finglas to Ballymun Road, Glasnevin.
Recommendation:
5. The Court, having regard to the circumstances of this move,
does not recommend concession of the claim.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD885 RECOMMENDATION NO. LCR11694
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: EOLAS - THE IRISH SCIENCE AND TECHNOLOGY AGENCY
(FORMERLY THE IIRS)
AND
TASS/MSF
SUBJECT:
1. Claim for disturbance payment for twenty workers transferred
from Finglas to Ballymun Road, Glasnevin.
BACKGROUND:
2. In August, 1974, due to a building programme at Glasnevin
(headquarters) and an increase in the numbers employed, a number
of workers were transferred from Ballymun Road to new premises in
Finglas, on a temporary basis. In 1987, arising from a
re-organisation and rationalisation of the Agency, 45 workers were
transferred back to Ballymun Road, a distance of two miles, over a
period from late summer to autumn 1987 and the Finglas premises
was sold. On 1st October, 1987 following the relocation the Union
made a claim for disturbance payment of #100 per mile for each of
the 20 workers concerned. This was rejected by the Agency on 12th
October, 1987 and on 10th November, 1987 the matter was referred
to the conciliation service of the Labour Court. A conciliation
conference was held on 17th December, 1987 at which agreement
could not be reached and the matter was referred to the Labour
Court for investigation and recommendation. The Court
investigated the dispute on 3rd February, 1988.
UNION'S ARGUMENTS:
3. 1. Some of the workers have been "temporarily" located in
Finglas for thirteen years. In contrast, none of these
workers domestic residences could be considered temporary and
many chose to reside in North County Dublin and even County
Meath which are directly accessible from the main Finglas
Road.
2. The sale of the Finglas premises could be used to meet
this claim for disturbance compensation. The relocation
involves an extra four miles (round trip) per day. In terms
of extra travelling time this represents at least 15 minutes
and on a yearly basis 58 extra hours. In relation to the
extra cost of this mileage it amounts to #455 per annum based
on extra mileage of 920 miles per annum and for those workers
using public transport it would be even more expensive.
3. 3. Although some of the facilities such as canteen, library,
meeting rooms, at the Ballymun site may be superior to Finglas
there are some practical disadvantages. In Finglas, secure
parking on the premises was available, whereas the car park at
Ballymun is becoming less available to staff and many have to
park in more remote, less secure and badly surfaced areas.
Other factors also include the existence in Finglas of long
established bank accounts, etc.
4. There have been a number of cases setting a precedent for
the payment of disturbance compensation both in this agency
and generally (details supplied to the Court). This case
should be no exception and the Court should recommend payment
of disturbance compensation.
AGENCY'S ARGUMENTS:
4. 1. The original transfer in 1974 was a temporary arrangement
and made only because of an increase in staff numbers at the
time (details supplied to the Court). The distance involved
and consequently the amount of disturbance was small and so no
payment was made to the workers involved. There is even less
justification now for payment for a transfer in the opposite
direction. The premises that the workers have transferred to
are superior to those in Finglas.
2. The Agency is not self-sufficient and faces serious
financial and budgetary problems. There is a need to cut back
on expenditure under all headings and the Agency is now in a
period of phased contraction regarding staff numbers with a
Government embargo on recruitment and a redundancy scheme in
operation. The contraction of premises in line with the
contraction in staff numbers is something that the Agency had
little choice in.
3. The Government has issued an embargo on all disturbance
payments in the public service. Other grades of workers,
besides the 20 in this claim were also transferred and the
cost of paying the Union's claim to all 45 transferred would
be #9,000. In addition, approximately 14 other workers were
transferred at different times over the years and 20 workers
are involved in the closure of the Naul Road depot at present,
which is a similar distance away.
RECOMMENDATION:
5. The Court, having regard to the circumstances of this move,
does not recommend concession of the claim.
~
Signed on behalf of the Labour Court.
John M. Horgan
___17th___February,__1988. ___________________
U. M. / M. F. Chairman